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S. HRG. 107–921

THOMASINA E. JORDAN INDIAN TRIBES OF

VIRGINIA FEDERAL RECOGNITION ACT

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ON

S. 2694

TO EXTEND FEDERAL RECOGNITION TO THE CHICKAHOMINY TRIBE,

THE CHICKAHOMINY INDIAN TRIBE—EASTERN DIVISION, THE UPPER

MATTAPONI TRIBE, THE RAPPAHANNOCK TRIBE, INC., THE MONACAN

TRIBE, AND THE NANSEMOND TRIBE

OCTOBER 9, 2002

WASHINGTON, DC

(
COMMITTEE ON INDIAN AFFAIRS

DANIEL K. INOUYE, Hawaii, Chairman

BEN NIGHTHORSE CAMPBELL, Colorado, Vice Chairman

KENT CONRAD, North Dakota

HARRY REID, Nevada

DANIEL K. AKAKA, Hawaii

PAUL WELLSTONE, Minnesota

BYRON L. DORGAN, North Dakota

TIM JOHNSON, South Dakota

MARIA CANTWELL, Washington

FRANK MURKOWSKI, Alaska

JOHN McCAIN, Arizona,

PETE V. DOMENICI, New Mexico

CRAIG THOMAS, Wyoming

ORRIN G. HATCH, Utah

JAMES M. INHOFE, Oklahoma

PATRICIA M. ZELL, Majority Staff Director/Chief Counsel

PAUL MOOREHEAD, Minority Staff Director/Chief Counsel

(II)
(III)

C O N T E N T S

Page

S. 2694, text of ......................................................................................................... 2

Statements:

Adams, Ken, chief, Upper Mattaponi Indian Tribe Indian Tribe of Virginia ............................................................................................................... 71

Adkins, Stephen R., chief, Chickahominy Indian Tribe of Virginia ............. 76

Allen, Hon. George, U.S. Senator from Virginia ............................................ 54

Barton, Jonathan M., Virginia Council of Churches ..................................... 72

Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado, vice chairman, Committee on Indian Affairs .............................................................. 1

Fleming, Lee, branch chief, Branch of Acknowledgment and Research,

Department of the Interior ........................................................................... 61

Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman, Committee

on Indian Affairs ........................................................................................... 53

Moretti-Langholtz, Danielle, Department of Anthropology, College of William and Mary ............................................................................................... 74

Roundtree, Helen, Professor Emeritus of Anthropology, Old Dominion

University ...................................................................................................... 82

Smith, Michael R., Director, Tribal Services, BIA, Department of the

Interior ........................................................................................................... 61

Warner, Hon. John, U.S. Senator from Virginia ............................................ 58

APPENDIX

Prepared statements:

Adams, Ken ....................................................................................................... 89

Barton, Jonathan M. (with attachments) ....................................................... 93

Moran, Hon. James P., U.S. Representative from Virginia .......................... 90

Moretti-Langholtz, Danielle (with attachments) ........................................... 111

Smith, Michael R. ............................................................................................. 91

(1)

THOMASINA E. JORDAN INDIAN TRIBES OF

VIRGINIA FEDERAL RECOGNITION ACT

WEDNESDAY, OCTOBER 9, 2002

U.S. SENATE,

COMMITTEE ON INDIAN AFFAIRS,

Washington, DC.

The committee met, pursuant to notice, at 10:03 a.m. in room

485, Russell Senate Office Building, Hon. Ben Nighthorse Campbell (vice chairman of the committee) presiding.

Present: Senators Campbell and Inouye.

STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SENATOR FROM COLORADO, VICE CHAIRMAN, COMMITTEE ON

INDIAN AFFAIRS

Senator CAMPBELL. The Senate Committee on Indian Affairs will

be in session. This morning we will be taking testimony on S. 2694,

the Thomasina Jordan Indian Tribes of Virginia Federal Recognition Act of 2002.

[Text of S. 2694 follows:]
2

1

II

107TH CONGRESS

2D SESSION S. 2694

To extend Federal recognition to the Chickahominy Tribe, the Chickahominy

Indian Tribe—Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Tribe, and the Nansemond Tribe.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 2002

Mr. ALLEN (for himself and Mr. WARNER) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

A BILL

To extend Federal recognition to the Chickahominy Tribe,

the Chickahominy Indian Tribe—Eastern Division, the

Upper Mattaponi Tribe, the Rappahannock Tribe, Inc.,

the Monacan Tribe, and the Nansemond Tribe.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Thomasina E. Jordan

5 Indian Tribes of Virginia Federal Recognition Act of

6 2002’’.
3

2

•S 2694 IS

1 TITLE I—CHICKAHOMINY

2 INDIAN TRIBE

3 SEC. 101. FINDINGS.

4 Congress makes the following findings:

5 (1) In 1607, when the English settlers set shore

6 along the Virginia coastline, the Chickahominy In7 dian Tribe was 1 of about 30 tribes who received

8 them.

9 (2) In 1614, the Chickahominy Indian Tribe

10 entered into a treaty with Sir Thomas Dale, Gov11 ernor of the Jamestown Colony, agreeing to provide

12 2 bushels of corn per man and send warriors to pro13 tect the English. Sir Thomas Dale agreed in return

14 to allow the tribe to continue to practice their own

15 tribal governance.

16 (3) In 1646, a treaty was signed which forced

17 the Chickahominy from their homeland to the area

18 around the York River in present-day King William

19 County, leading to the formation of a reservation.

20 (4) In 1677, following Bacon’s Rebellion, the

21 Queen of Pamunkey signed the Treaty of Middle

22 Plantation on behalf of the Chickahominy.

23 (5) In 1702, the Chickahominy were pushed off

24 their reservation, which caused the loss of a land

25 base.
4

3

•S 2694 IS

1 (6) In 1723, the College of William and Mary

2 in Williamsburg established a grammar school for

3 Indians called Brafferton College. A Chickahominy

4 child was one of the first Indians to attend.

5 (7) In 1750, the Chickahominy Indian Tribe

6 started to migrate from King William County back

7 to the area around the Chickahominy River in New

8 Kent and Charles City Counties.

9 (8) In 1793, a Baptist missionary named

10 Bradby took refuge with the Chickahominy and took

11 a Chickahominy woman as his wife.

12 (9) In 1831, the names of the ancestors of the

13 modern-day Chickahominy Indian Tribe began to

14 appear in the Charles City County census records.

15 (10) In 1901, the Chickahominy Indian Tribe

16 formed Samaria Baptist Church.

17 (11) From 1901 to 1935, Chickahominy men

18 were assessed a tribal tax so that their children

19 could receive an education. The Tribe used the pro20 ceeds from this tax to build the first Samaria Indian

21 School, buy supplies, and pay a teacher’s salary.

22 (12) In 1919, C. Lee Moore, Auditor of Public

23 Accounts for Virginia, told Chickahominy Chief

24 O.W. Adkins that he had instructed the Commis25 sioner of Revenue for Charles City County to record
5

4

•S 2694 IS

1 Chickahominy tribal members on the county tax rolls

2 as Indian, and not as white or colored.

3 (13) During 1920–1930, various Governors of

4 the Commonwealth of Virginia wrote letters of intro5 duction for Chickahominy Chiefs who had official

6 business with Government agencies in Washington,

7 D.C.

8 (14) In 1934, Chickahominy Chief O.W. Adkins

9 wrote to John Collier, Commissioner of Indian Af10 fairs, requesting money to acquire land for the

11 Chickahominy Indian Tribe’s use, to build school,

12 medical, and library facilities and to buy tractors,

13 implements, and seed.

14 (15) In 1934, John Collier, Commissioner of

15 Indian Affairs, wrote to Chickahominy Chief O.W.

16 Adkins, informing him that Congress had passed the

17 Indian Reorganization Act of 1934, but had not

18 made the appropriation to fund the bill.

19 (16) In 1942, Chickahominy Chief O.W. Adkins

20 wrote to John Collier, Commissioner of Indian Af21 fairs, asking for help in getting the proper racial

22 designation on Selective Service records for the

23 Chickahominy soldiers.

24 (17) In 1943, John Collier, Commissioner of

25 Indian Affairs, asked Douglas S. Freeman, editor of
6

5

•S 2694 IS

1 the Richmond (Virginia) News-Leader newspaper, to

2 help Virginia Indians obtain proper racial designa3 tion on birth records. Collier states that his office

4 cannot officially intervene because it has no respon5 sibility for the Virginia Indians, ‘‘as a matter largely

6 of historical accident’’, but is ‘‘interested in them as

7 descendants of the original inhabitants of the re8 gion’’.

9 (18) In 1948, the Veterans’ Education Commit10 tee of the Virginia State Board of Education ap11 proved Samaria Indian School to provide training to

12 veterans. This school was the one established and

13 run by the Chickahominy Indian Tribe.

14 (19) In 1950, the Chickahominy Indian Tribe

15 purchased land and donated it to the Charles City

16 County School Board, to be used to build a modern

17 school for students of the Chickahominy and other

18 Virginia tribes. The Samaria Indian School included

19 grades 1 through 8.

20 (20) In 1961, Senator Sam Ervin, Chairman of

21 the Subcommittee on Constitutional Rights, Senate

22 Committee on the Judiciary, requested Chickahom23 iny Chief O.W. Adkins to provide assistance in ana24 lyzing the status of the constitutional rights of Indi25 ans ‘‘in your area’’.
7

6

•S 2694 IS

1 (21) In 1967, the Charles City County school

2 board closed Samaria Indian School and converted it

3 to a countywide primary school as a step toward full

4 school integration.

5 (22) In 1972, the Charles City County school

6 board began receiving funds under title IV of the In7 dian Self-Determination and Education Assistance

8 Act (25 U.S.C. 450 et seq.) on behalf of Chickahom9 iny students. This continues today under title V of

10 that Act.

11 (23) In 1974, the Chickahominy Indian Tribe

12 bought land and built a tribal center using monthly

13 pledges from tribal members to finance the trans14 actions.

15 (24) In 1983, the Chickahominy Indian Tribe

16 was granted recognition as an Indian tribe by the

17 Commonwealth of Virginia, along with 5 other

18 tribes.

19 (25) In 1985, Virginia Governor Gerald Baliles

20 was the special guest at an intertribal Thanksgiving

21 Day dinner hosted by the Chickahominy Indian

22 Tribe.

23 SEC. 102. DEFINITIONS.

24 For the purposes of this title—
8

7

•S 2694 IS

1 (1) the term ‘‘Tribe’’ means the Chickahominy

2 Indian Tribe;

3 (2) the term ‘‘Secretary’’ means the Secretary

4 of the Interior; and

5 (3) the term ‘‘member’’ means an enrolled

6 member of the Tribe, as of the date of the enact7 ment of this Act, or an individual who has been

8 placed on the membership rolls of the Tribe in ac9 cordance with this Act.

10 SEC. 103. FEDERAL RECOGNITION.

11 (a) FEDERAL RECOGNITION.—Federal recognition is

12 hereby extended to the Tribe. All laws and regulations of

13 the United States of general application to Indians or na14 tions, tribes, or bands of Indians, including the Act of

15 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in16 consistent with any specific provision of this Act, shall be

17 applicable to the Tribe and its members.

18 (b) FEDERAL SERVICES AND BENEFITS.—

19 (1) IN GENERAL.—The Tribe and its members

20 shall be eligible, on and after the date of the enact21 ment of this Act, for all future services and benefits

22 provided by the Federal Government to federally rec23 ognized Indian tribes without regard to the existence

24 of a reservation for the Tribe or the location of the
9

8

•S 2694 IS

1 residence of any member on or near any Indian res2 ervation.

3 (2) SERVICE AREA.—For purposes of the deliv4 ery of Federal services to enrolled members of the

5 Tribe, the Tribe’s service area shall be deemed to be

6 the area comprised of Charles City County, Virginia.

7 SEC. 104. MEMBERSHIP.

8 Not later than 18 months after the date of the enact9 ment of this Act, the Tribe shall submit to the Secretary

10 a membership roll consisting of all individuals currently

11 enrolled for membership in the Tribe. The qualifications

12 for inclusion on the membership roll of the Tribe shall be

13 determined by the membership clauses in the Tribe’s gov14 erning document, in consultation with the Secretary. Upon

15 completion of the roll, the Secretary shall immediately

16 publish notice of such in the Federal Register. The Tribe

17 shall ensure that such roll is maintained and kept current.

18 SEC. 105. CONSTITUTION AND GOVERNING BODY.

19 (a) CONSTITUTION.—

20 (1) ADOPTION.—Not later than 24 months

21 after the date of the enactment of this Act, the

22 Tribe shall conduct, by secret ballot, an election to

23 adopt a constitution and bylaws for the Tribe.

24 (2) INTERIM GOVERNING DOCUMENTS.—Until

25 such time as a new constitution is adopted under
10

9

•S 2694 IS

1 paragraph (1), the governing documents in effect on

2 the date of enactment of this Act shall be the in3 terim governing documents for the Tribe.

4 (b) OFFICIALS.—

5 (1) ELECTION.—Not later than 6 months after

6 the Tribe adopts a constitution and bylaws pursuant

7 to subsection (a), the Tribe shall conduct elections

8 by secret ballot for the purpose of electing officials

9 for the Tribe as provided in the constitution and by10 laws.

11 (2) INTERIM GOVERNMENT.—Until such time

12 as the Tribe elects new officials pursuant to para13 graph (1), the governing body of the Tribe shall be

14 the governing body in place on the date of the enact15 ment of this Act, or any new governing body selected

16 under the election procedures specified in the in17 terim governing documents of the Tribe.

18 SEC. 106. RESERVATION OF THE TRIBE.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, if, not later than 25 years after the date of

21 the enactment of this Act, the Tribe transfers land within

22 the boundaries of the Virginia counties of Charles City,

23 James City, or Henrico, to the Secretary, the Secretary

24 shall take such land into trust for the benefit of the Tribe.
11

10

•S 2694 IS

1 (b) CONSTRUCTION.—Nothing in this section shall be

2 construed to satisfy the terms for an exception under sec3 tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25

4 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on

5 lands acquired by the Secretary in trust for the benefit

6 of an Indian tribe after October 17, 1988, under section

7 20(a) of such Act (25 U.S.C. 2719(a)).

8 SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND

9 WATER RIGHTS.

10 Nothing in this Act shall expand, reduce, or affect

11 in any manner any hunting, fishing, trapping, gathering,

12 or water rights of the Tribe and its members.

13 TITLE II—CHICKAHOMINY IN14 DIAN TRIBE—EASTERN DIVI15 SION

16 SEC. 201. FINDINGS.

17 Congress makes the following findings:

18 (1) In 1607, when the English settlers set shore

19 along the Virginia coastline, the Chickahominy were

20 one of about 30 tribes who received them.

21 (2) In 1614, the Chickahominy Indian Tribe

22 signed a treaty with Sir Thomas Dale, Governor of

23 the Jamestown Colony, agreeing to provide 2 bushels

24 of corn per man and send warriors to protect the

25 English. Sir Thomas Dale agreed in return to allow
12

11

•S 2694 IS

1 the Tribe to continue to practice their own tribal

2 governance.

3 (3) In 1646, a treaty was signed which forced

4 the Chickahominy from their homeland to the area

5 around the York River in present-day King William

6 County, leading to the formation of a reservation.

7 (4) In 1677, following Bacon’s Rebellion, the

8 Queen of Pamunkey signed the Treaty of Middle

9 Plantation on behalf of the Chickahominy.

10 (5) In 1702, the Chickahominy were pushed off

11 their reservation, which caused the loss of a land

12 base.

13 (6) In 1723, the College of William and Mary

14 in Williamsburg established a grammar school for

15 Indians called Brafferton College. A Chickahominy

16 child was one of the first Indians to attend.

17 (7) In 1750, the Chickahominy Indian Tribe

18 started to migrate from King William County back

19 to the area around the Chickahominy River in New

20 Kent and Charles City Counties.

21 (8) In 1793, A Baptist missionary named

22 Bradby took refuge with the Chickahominy and took

23 a Chickahominy woman as his wife.
13

12

•S 2694 IS

1 (9) In 1831, the names of the ancestors of the

2 modern-day Chickahominy Indian Tribe began to

3 appear in the Charles City County census records.

4 (10) In 1870, a census showed an enclave of

5 Indians in New Kent County which is believed to be

6 the beginning of the Chickahominy Indian Tribe7 Eastern Division. Records were destroyed when the

8 New Kent County courthouse was burned. A State

9 census was the only record at this time.

10 (11) In 1901, the Chickahominy’s formed Sa11 maria Baptist Church. During the first few decades

12 of the 20th century, Chickahominy men were as13 sessed a tribal tax so that their children could re14 ceive an education. The Tribe used the proceeds

15 from this tax to build the first Samaria Indian

16 School, buy supplies, and pay a teacher’s salary.

17 (12) In 1910, a school was started in New Kent

18 County for the Chickahominy Indian Tribe-Eastern

19 Division. Grades 1 through 8 were taught in this 1-

20 room school.

21 (13) In 1920–1921, the Chickahominy Indian

22 Tribe-Eastern Division began forming their own

23 tribal government. E.P. Bradby was the founder of

24 the Tribe and was elected to be Chief.
14

13

•S 2694 IS

1 (14) In 1922, Tsena Commocko Baptist Church

2 was organized.

3 (15) In 1925, a certificate of incorporation was

4 issued to the Chickahominy Indian Tribe-Eastern

5 Division.

6 (16) In 1950, the Indian school was closed and

7 students were bused to Samaria Indian School in

8 Charles City County.

9 (17) In 1967, both Chickahominy tribes lost

10 their school to integration.

11 (18) In 1982–1984, Tsena Commocko Baptist

12 built a new sanctuary to accommodate church

13 growth.

14 (19) In 1983, the Chickahominy Indian Tribe15 Eastern Division was granted State recognition

16 along with 5 other Virginia Indian tribes.

17 (20) In 1985, the Virginia Council on Indians

18 was organized as a State agency and the Chicka19 hominy Indian Tribe-Eastern Division was appointed

20 to a seat on the Council.

21 (21) In 1988, a nonprofit organization known

22 as the United Indians of Virginia was formed. Chief

23 Marvin ‘‘Strongoak’’ Bradby of the Eastern Band of

24 the Chickahominy presently chairs the organization.
15

14

•S 2694 IS

1 SEC. 202. DEFINITIONS.

2 For the purposes of this title—

3 (1) the term ‘‘Tribe’’ means the Chickahominy

4 Indian Tribe—Eastern Division;

5 (2) the term ‘‘Secretary’’ means the Secretary

6 of the Interior; and

7 (3) the term ‘‘member’’ means an enrolled

8 member of the Tribe, as of the date of the enact9 ment of this Act, or an individual who has been

10 placed on the membership rolls of the Tribe in ac11 cordance with this Act.

12 SEC. 203. FEDERAL RECOGNITION.

13 (a) FEDERAL RECOGNITION.—Federal recognition is

14 hereby extended to the Tribe. All laws and regulations of

15 the United States of general application to Indians or na16 tions, tribes, or bands of Indians, including the Act of

17 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in18 consistent with any specific provision of this Act, shall be

19 applicable to the Tribe and its members.

20 (b) FEDERAL SERVICES AND BENEFITS.—

21 (1) IN GENERAL.—The Tribe and its members

22 shall be eligible, on and after the date of the enact23 ment of this Act, for all future services and benefits

24 provided by the Federal Government to federally rec25 ognized Indian tribes without regard to the existence

26 of a reservation for the Tribe or the location of the
16

15

•S 2694 IS

1 residence of any member on or near any Indian res2 ervation.

3 (2) SERVICE AREA.—For purposes of the deliv4 ery of Federal services to enrolled members of the

5 Tribe, the Tribe’s service area shall be deemed to be

6 the area comprised of New Kent County, Virginia.

7 SEC. 204. MEMBERSHIP.

8 Not later than 18 months after the date of the enact9 ment of this Act, the Tribe shall submit to the Secretary

10 a membership roll consisting of all individuals currently

11 enrolled for membership in the Tribe. The qualifications

12 for inclusion on the membership roll of the Tribe shall be

13 determined by the membership clauses in the Tribe’s gov14 erning document, in consultation with the Secretary. Upon

15 completion of the roll, the Secretary shall immediately

16 publish notice of such in the Federal Register. The Tribe

17 shall ensure that such roll is maintained and kept current.

18 SEC. 205. CONSTITUTION AND GOVERNING BODY.

19 (a) CONSTITUTION.—

20 (1) ADOPTION.—Not later than 24 months

21 after the date of the enactment of this Act, the

22 Tribe shall conduct, by secret ballot, an election to

23 adopt a constitution and bylaws for the Tribe.

24 (2) INTERIM GOVERNING DOCUMENTS.—Until

25 such time as a new constitution is adopted under
17

16

•S 2694 IS

1 paragraph (1), the governing documents in effect on

2 the date of enactment of this Act shall be the in3 terim governing documents for the Tribe.

4 (b) OFFICIALS.—

5 (1) ELECTION.—Not later than 6 months after

6 the Tribe adopts a constitution and bylaws pursuant

7 to subsection (a), the Tribe shall conduct elections

8 by secret ballot for the purpose of electing officials

9 for the Tribe as provided in the constitution and by10 laws.

11 (2) INTERIM GOVERNMENT.—Until such time

12 as the Tribe elects new officials pursuant to para13 graph (1), the governing body of the Tribe shall be

14 the governing body in place on the date of the enact15 ment of this Act, or any new governing body selected

16 under the election procedures specified in the in17 terim governing documents of the Tribe.

18 SEC. 206. RESERVATION OF THE TRIBE.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, if, not later than 25 years after the date of

21 the enactment of this Act, the Tribe transfers any land

22 within the boundaries of New Kent County, James City

23 County, or Henrico County, Virginia, to the Secretary, the

24 Secretary shall take such land into trust for the benefit

25 of the Tribe.
18

17

•S 2694 IS

1 (b) CONSTRUCTION.—Nothing in this section shall be

2 construed to satisfy the terms for an exception under sec3 tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25

4 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on

5 lands acquired by the Secretary in trust for the benefit

6 of an Indian tribe after October 17, 1988, under section

7 20(a) of such Act (25 U.S.C. 2719(a)).

8 SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND

9 WATER RIGHTS.

10 Nothing in this Act shall expand, reduce, or affect

11 in any manner any hunting, fishing, trapping, gathering,

12 or water rights of the Tribe and its members.

13 TITLE III—UPPER MATTAPONI

14 TRIBE

15 SEC. 301. FINDINGS.

16 Congress makes the following findings:

17 (1) From 1607 until 1646, the Chickahominies

18 lived about 20 miles from Jamestown; were major

19 players in English-Indian affairs in those years.

20 Mattaponis, who joined them later, lived farther

21 away. In 1646, the Chickahominies moved to

22 Mattaponi River basin, away from the English.

23 (2) In 1661, the Chickahominies sold land at

24 ‘‘the cliffs’’ on the Mattaponi River.
19

18

•S 2694 IS

1 (3) In 1669, the Chickahominies appeared in

2 the Virginia Colony’s census of Indian bowmen; lived

3 then in ‘‘New Kent’’ County, which included the

4 Mattaponi River basin at that time.

5 (4) In 1677, the Chickahominies and

6 Mattaponis were subjects of the Queen of

7 Pamunkey, who was a signatory to the Treaty of

8 1677 with the King of England.

9 (5) In 1683, the Mattaponi town was attacked

10 by Senecas; the Mattaponis took refuge with the

11 Chickahominies, and the history of the 2 groups was

12 intertwined for many years thereafter.

13 (6) In 1695, the Chickahominies/Mattaponis

14 were assigned a reservation by the Virginia Colony

15 and traded it for land at ‘‘the cliffs’’ they had owned

16 before 1661 (now the Mattaponi Indian Reserva17 tion).

18 (7) In 1711, the Chickahominies had a boy at

19 the Indian School at the College of William and

20 Mary.

21 (8) In 1726, the Virginia Colony discontinued

22 funding of interpreters for the tribes. James Adams,

23 who served as an interpreter to the tribes know

24 today as the Upper Mattaponi and Chickahominy,

25 elected to stay with the Upper Mattaponi. Today, a
20

19

•S 2694 IS

1 majority of the Upper Mattaponi have ‘‘Adams’’ as

2 their surname.

3 (9) In 1787, Thomas Jefferson, in Notes on the

4 Commonwealth of Virginia, mentioned Mattaponis

5 on reservation in King William County and said

6 Chickahominies were ‘‘blended’’ with them and near7 by Pamunkeys.

8 (10) In 1850, the United States census showed

9 a nucleus of about 10 families, all ancestral to mod10 ern Upper Mattaponis, living in central King Wil11 liam County about 10 miles from the reservation.

12 (11) From 1853 until 1884, King William

13 County marriage records listed Upper Mattaponis as

14 ‘‘Indian’’ when marrying reservation people.

15 (12) From 1884 until the present, county mar16 riage records usually call Upper Mattaponis ‘‘Indi17 ans’’.

18 (13) In 1901, Smithsonian anthropologist

19 James Mooney heard about the Upper Mattaponis

20 but did not visit them.

21 (14) In 1928, University of Pennsylvania an22 thropologist Frank Speck published a book on mod23 ern Virginia Indians with a section on the Upper

24 Mattaponis.
21

20

•S 2694 IS

1 (15) From 1929 to 1930, the Tribe’s leadership

2 fought against a ‘‘colored’’ designation in the 1930

3 United States Census, and won a compromise in

4 which their Indian ancestry was recorded but ques5 tioned.

6 (16) From 1942 until 1945, the Tribe’s leader7 ship, with the help of Frank Speck and others,

8 fought against the Tribe’s young men being inducted

9 into ‘‘colored’’ units in the Armed Forces. A tribal

10 roll was compiled.

11 (17) From 1945 to 1946, negotiations to get

12 some of the Tribe’s young people admitted to high

13 schools for Federal Indians (especially at Cherokee);

14 no high school coursework was available for Indians

15 in Virginia schools.

16 (18) In 1983, the Upper Mattaponi Tribe ap17 plied for and won State recognition.

18 SEC. 302. DEFINITIONS.

19 For the purposes of this title—

20 (1) the term ‘‘Tribe’’ means the Upper

21 Mattaponi Tribe;

22 (2) the term ‘‘Secretary’’ means the Secretary

23 of the Interior; and

24 (3) the term ‘‘member’’ means an enrolled

25 member of the Tribe, as of the date of the enact-
22

21

•S 2694 IS

1 ment of this Act, or an individual who has been

2 placed on the membership rolls of the Tribe in ac3 cordance with this Act.

4 SEC. 303. FEDERAL RECOGNITION.

5 (a) FEDERAL RECOGNITION.—Federal recognition is

6 hereby extended to the Tribe. All laws and regulations of

7 the United States of general application to Indians or na8 tions, tribes, or bands of Indians, including the Act of

9 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in10 consistent with any specific provision of this Act, shall be

11 applicable to the Tribe and its members.

12 (b) FEDERAL SERVICES AND BENEFITS.—

13 (1) IN GENERAL.—The Tribe and its members

14 shall be eligible, on and after the date of the enact15 ment of this Act, for all future services and benefits

16 provided by the Federal Government to federally rec17 ognized Indian tribes without regard to the existence

18 of a reservation for the Tribe or the location of the

19 residence of any member on or near any Indian res20 ervation.

21 (2) SERVICE AREA.—For purposes of the deliv22 ery of Federal services to enrolled members of the

23 Tribe, the Tribe’s service area shall be deemed to be

24 the area comprised of King William, Richmond,

25 Henrico, Petersburg, Chesterfield, Newport News,
23

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1 Chesapeake, Hanover, and Hopewell Counties in the

2 Commonwealth of Virginia.

3 SEC. 304. MEMBERSHIP.

4 Not later than 18 months after the date of the enact5 ment of this Act, the Tribe shall submit to the Secretary

6 a membership roll consisting of all individuals currently

7 enrolled for membership in the Tribe. The qualifications

8 for inclusion on the membership roll of the Tribe shall be

9 determined by the membership clauses in the Tribe’s gov10 erning document, in consultation with the Secretary. Upon

11 completion of the roll, the Secretary shall immediately

12 publish notice of such in the Federal Register. The Tribe

13 shall ensure that such roll is maintained and kept current.

14 SEC. 305. CONSTITUTION AND GOVERNING BODY.

15 (a) CONSTITUTION.—

16 (1) ADOPTION.—Not later than 24 months

17 after the date of the enactment of this Act, the

18 Tribe shall conduct, by secret ballot, an election to

19 adopt a constitution and bylaws for the Tribe.

20 (2) INTERIM GOVERNING DOCUMENTS.—Until

21 such time as a new constitution is adopted under

22 paragraph (1), the governing documents in effect on

23 the date of enactment of this Act shall be the in24 terim governing documents for the Tribe.

25 (b) OFFICIALS.—
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1 (1) ELECTION.—Not later than 6 months after

2 the Tribe adopts a constitution and bylaws pursuant

3 to subsection (a), the Tribe shall conduct elections

4 by secret ballot for the purpose of electing officials

5 for the Tribe as provided in the constitution and by6 laws.

7 (2) INTERIM GOVERNMENT.—Until such time

8 as the Tribe elects new officials pursuant to para9 graph (1), the governing body of the Tribe shall be

10 the governing body in place on the date of the enact11 ment of this Act, or any new governing body selected

12 under the election procedures specified in the in13 terim governing documents of the Tribe.

14 SEC. 306. RESERVATION OF THE TRIBE.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, if the Tribe transfers any land within the

17 boundaries of King William County to the Secretary, the

18 Secretary shall take such land into trust for the benefit

19 of the Tribe.

20 (b) CONSTRUCTION.—Nothing in this section shall be

21 construed to satisfy the terms for an exception under sec22 tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25

23 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on

24 lands acquired by the Secretary in trust for the benefit
25

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1 of an Indian tribe after October 17, 1988, under section

2 20(a) of such Act (25 U.S.C. 2719(a)).

3 SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND

4 WATER RIGHTS.

5 Nothing in this Act shall expand, reduce, or affect

6 in any manner any hunting, fishing, trapping, gathering,

7 or water rights of the Tribe and its members.

8 TITLE IV—RAPPAHANNOCK

9 TRIBE

10 SEC. 401. FINDINGS.

11 Congress makes the following findings:

12 (1) During the initial months after Virginia was

13 settled, the Rappahannocks had 3 encounters with

14 Captain John Smith. The first occurred when the

15 Rappahannock weroance (headman) traveled to

16 Quiyocohannock (a principal town across the James

17 River from Jamestown) where he met with the Eng18 lishman to determine if Smith had been the ‘‘great

19 man’’ who had previously sailed into the Rappahan20 nock River, killed a Rappahannock weroance, and

21 kidnaped Rappahannock people. He determined that

22 Smith was too short to be that ‘‘great man’’. On a

23 second meeting, during John Smith’s captivity (De24 cember 16, 1607 to January 8, 1608), Smith was

25 taken to the Rappahannock principal village to show
26

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1 the people that Smith was not the ‘‘great man.’’ A

2 third meeting took place during Smith’s exploration

3 of the Chesapeake Bay (July to September 1608),

4 when Smith was prevailed upon to make peace be5 tween the Rappahannock and the Moraughtacund

6 Indians. The Moraughtacunds had stolen 3 women

7 from the Rappahannock King. In the settlement,

8 Smith had the 2 tribes meet on the spot of their

9 first fight. When it was established that both sides

10 wanted peace, Smith told the Rappahannock King to

11 select which of the 3 women he wanted; the

12 Moraughtacund King got second choice; Mosco, a

13 Wighcocomoco (on the Potomac River) guide, was

14 given the third woman.

15 (2) In 1645, Captain William Claiborne tried

16 unsuccessfully to establish treaty relations with the

17 Rappahannocks. The Rappahannocks had not par18 ticipated in the Pamunkey-led uprising in 1644, and

19 the English wanted to ‘‘treat with the

20 Rappahannocks or any other Indians not in amity

21 with Opechancanough, concerning serving the county

22 against the Pamukeys’’.

23 (3) In April 1651, the Rappahannocks conveyed

24 their first tract of land to an English settler, Colonel

25 Morre Fauntleroy. The deed was signed by
27

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1 Accopatough, weroance of the Rappahannock Indi2 ans.

3 (4) In September 1653, Lancaster County

4 signed a treaty with Rappahannock Indians. The

5 terms of the treaty gave Rappahannocks the rights

6 of Englishmen in the county court, and it tried to

7 make the Rappahannocks more accountable to

8 English law.

9 (5) In September 1653, Lancaster County de10 fined and marked the bounds of its Indian settle11 ments. According to the Lancaster clerk of court,

12 ‘‘the tribe called the great Rappahannocks lived on

13 the Rappahannock Creek just across the river above

14 Tappahannock’’.

15 (6) In September 1656, (Old) Rappahannock

16 County (modern-day Richmond and Essex Counties)

17 signed a treaty with Rappahannock Indians. The

18 treaty mirrored the Lancaster County treaty from

19 1653 (see above), and added 2 points:

20 Rappahannocks were to be rewarded, in Roanoke,

21 for returning English fugitives and the English en22 couraged the Rappahannocks to send their children

23 to live among the English as servants, who the

24 English promised would be well treated.
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1 (7) In 1658, the Virginia Assembly revised a

2 1652 Act stating that ‘‘there be no grants of land

3 to any Englishman whatsoever de futuro until the

4 Indians be first served with the proportion of 50

5 acres of land for each bowman’’.

6 (8) In 1669, the colony conducted a census of

7 Virginia Indians. At that time, the majority of the

8 Rappahannocks were residing at their hunting vil9 lage on the north side of the Mattaponi River. At

10 the time of the visit, census takers were counting

11 only the tribes along the rivers. This explains the

12 low number of 30 Rappahannock bowmen counted

13 on that river. The Rappahannocks used this hunting

14 village on the north side of the Mattaponi River as

15 their primary residence until they were removed in

16 1684.

17 (9) In May 1677, the Treaty of Middle Planta18 tion was signed with England. The Pamunkey

19 Queen Cockacoeske signed on behalf of the

20 Rappahannocks ‘‘who were supposed to be her tribu21 taries’’. However, before the treaty could be ratified,

22 the Queen of Pamunkey complained to the Virginia

23 Colonial Council ‘‘that she was having trouble with

24 Rappahannocks and Chickahominies, supposedly

25 tributaries of hers’’.
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1 (10) In November 1682, the Virginia Colonial

2 Council established a reservation for the Rappahan3 nock Indians of 3,474 acres ‘‘about the town where

4 they dwelt’’. The Rappahannocks ‘‘town’’ was their

5 hunting village on the north side of the Mattaponi

6 River, where they had lived throughout the 1670’s.

7 The acreage allotment was based on the 1658 Indian

8 land act (seen above), which translates into a bow9 man population of 70, or an approximate total Rap10 pahannock population of 350.

11 (11) In 1683, following raids by Iroquoian war12 riors on both Indian and English settlements, the

13 Virginia Colonial Council ordered the

14 Rappahannocks to leave their reservation and unite

15 with the Nanzatico Indians at Nanzatico Indian

16 Town, which was located across and up the Rappa17 hannock River some 30 miles.

18 (12) Between 1687 and 1699, the

19 Rappahannocks migrated out of Nanzatico, return20 ing to the south side of the Rappahannock River at

21 Portobacco Indian Town.

22 (13) In 1706, by order of Essex County, Lieu23 tenant Richard Covington ‘‘escorted’’ the

24 Portobaccos and Rappahannocks out of Portobacco

25 Indian Town, out of Essex County, and into King
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1 and Queen County were they settled along the

2 ridgeline between the Rappahannock and Mattaponi

3 Rivers, the site of their ancient hunting village and

4 1682 reservation.

5 (14) During the 1760’s, 3 Rappahannock girls

6 were raised on Thomas Nelson’s ‘‘Bleak Hill’’ Plan7 tation in King William County. One girl married a

8 Saunders man, 1 a Johnson man, and the third had

9 2 children, Edmund and Carter Nelson, fathered by

10 Thomas Cary Nelson. In the 19th century, these

11 Sauders, Johnson, and Nelson families are among

12 the core Rappahannock families from which the

13 modern tribe traces its descent.

14 (15) In 1819 and 1820, Edward Bird, John

15 Bird and his unnamed wife, Carter Nelson, Edmund

16 Nelson, and Carter Spurlock (all Rappahannock an17 cestors) were listed on the tax roles of King and

18 Queen County. They are taxed at the county poor

19 rate. Edmund Bird is added to the list in 1821. This

20 is significant documentation because the overwhelm21 ing majority of pre-1864 records for King and

22 Queen County were destroyed by fire.

23 (16) Beginning in 1819, and continuing

24 through the 1880’s, there was a solid Rappahannock

25 presence in the membership at Upper Essex Baptist
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1 Church. This is the first instance of conversion to

2 Christianity by at least some Rappahannocks. Twen3 ty-six identifiable and traceable Rappahannock sur4 names appear on the pre-1863 membership list; 28

5 were listed on the 1863 membership roster; that

6 number had declined to 12 in 1878 and had risen

7 only slightly to 14 by 1888. One reason for the de8 cline: in 1870, a Methodist circuit rider, Joseph

9 Mastin, secured funds to purchase land and con10 struct St. Stephens Baptist church for the

11 Rappahannocks living nearby in Caroline County.

12 Mastin documented from 1850 to 1870, ‘‘These In13 dians, having a great need for moral and Christian

14 guidance’’. St. Stephens was the dominant tribal

15 church until the Rappahannock Indian Baptist

16 Church was established in 1964. At both, the core

17 Rappahannock family names of Bird, Clarke, For18 tune, Johnson, Nelson, Parker, and Richardson pre19 dominate.

20 (17) During the early 1900’s, James Mooney,

21 noted anthropologist, maintained correspondence

22 with the Rappahannocks, surveying them and in23 structing them on how to formalize their tribal gov24 ernment.
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1 (18) November 1920, Speck visited the

2 Rappahannocks and assisted them in organizing the

3 fight for their sovereign rights. In 1921, the

4 Rappahannocks were granted a charter from the

5 Commonwealth of Virginia formalizing their tribal

6 government. Speck began a professional relationship

7 with the Tribe that would last more than 30 years

8 and document Rappahannock history and traditions

9 as never done before.

10 (19) April 1921, Rappahannock Chief George

11 Nelson asked the Governor of Virginia, Westmore12 land Davis, to forward a proclamation to the Presi13 dent of the United States. A list of tribal members

14 and a handwritten copy of the proclamation itself

15 were appended. The letter concerned Indian freedom

16 of speech and assembly nationwide.

17 (20) In 1922, the Rappahannocks established a

18 formal school at Lloyds, Essex County, Virginia.

19 Prior to that time, Rappahannock children were

20 taught by a tribal member in Central Point, Caroline

21 County, Virginia.

22 (21) In December 1923, Rappahannock Chief

23 George Nelson testified before the United States

24 Congress appealing for a $50,000 appropriation to

25 establish an Indian school in Virginia.
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1 (22) In 1930, the Rappahannocks were engaged

2 in an ongoing dispute with the Commonwealth of

3 Virginia and the United States Census Bureau

4 about their classification in the 1930 Federal cen5 sus. In January 1930, Rappahannock Chief Otho S.

6 Nelson wrote to the Chief Statistician of the United

7 States Census Bureau asking that the 218 enrolled

8 Rappahannocks be listed as Indians. In February,

9 Leon Truesdell replied to Nelson saying that ‘‘spe10 cial instructions’’ were being given about classifying

11 Indians. That April, Nelson wrote to William M.

12 Steuart at the Census Bureau asking about the enu13 merators’ failure to classify his people as Indians.

14 Nelson said that enumerators had not asked the

15 question about race when they interviewed his peo16 ple. In a follow-up letter to Truesdell, Nelson re17 ported that the enumerators were ‘‘flatly denying’’

18 his people’s request to be listed as Indians. Further19 more, the race question was completely avoided dur20 ing interviews. The Rappahannocks had talked with

21 Caroline and Essex County enumerators, and with

22 John M.W. Green already, without success. Nelson

23 asked Truesdell to list people as Indian if he sent a

24 list of members. The matter was settled by William

25 Steuart who concluded that the Bureau’s rule was
34

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1 that people of Indian descent could only be classified

2 as ‘‘Indian’’ if Indian ‘‘blood’’ predominated and

3 ‘‘Indian’’ identity was accepted in the local commu4 nity. The Virginia Vital Statistics Bureau classed all

5 nonreservation Indians as ‘‘negro’’, and it failed to

6 see why ‘‘an exception should be made’’ for the

7 Rappahannocks. Therefore, in 1925, the Indian

8 Rights Association took on the Rappahannock case

9 to assist them in fighting for their recognition and

10 rights as an Indian Tribe.

11 (23) During the Second World War, the

12 Pamunkeys, Mattaponis, Chickahominies, and

13 Rappahannocks had to fight the draft boards about

14 their racial identity. The Virginia Vital Statistics

15 Bureau insisted that certain Indian draftees be in16 ducted into Negro units. In the end, 3

17 Rappahannocks were convicted of violating the Fed18 eral draft laws. After spending time in a Federal

19 prison, they were granted conscientious objector sta20 tus and served out the remainder of the war working

21 in military hospitals.

22 (24) In 1943, Frank Speck noted that there

23 were approximately 25 communities of Indians left

24 in the Eastern United States that were entitled to
35

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1 Indian classification. The Rappahannocks were in2 cluded in this grouping.

3 (25) In the 1940’s, Leon Truesdell, Chief Stat4 istician, United States Bureau of the Census, listed

5 118 members in the Rappahannock tribe in the In6 dian population of Virginia.

7 (26) April 25, 1940, the United States Depart8 ment of the Interior, Office of Indian Affairs in9 cludes the Rappahannocks in their list of Tribes by

10 State and Agency.

11 (27) In 1948, the Smithsonian Institution An12 nual Report included an article by William Harlen

13 Gilbert entitled, ‘‘Surviving Indian Groups of the

14 Eastern United States’’. The Rappahannock Tribe

15 was included and described in this article.

16 (28) In the late 1940’s and early 1950’s, the

17 Rappahannocks operated a school at Indian Neck.

18 The State agreed to pay a tribal teacher to teach 10

19 students bused by King and Queen County to Shar20 on Indian School in King William County, Virginia.

21 In 1965, Rappahannock students entered Marriott

22 High School (a white public school) by Executive

23 order of the Governor of Virginia. In 1972, the

24 Rappahannocks worked with the Coalition of East25 ern Native Americans to fight for Federal recogni-
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1 tion. In 1979, the Coalition established a pottery

2 and artisans company, operating with other Virginia

3 tribes. In 1980, the Rappahannocks received funding

4 through the Administration for Native Americans, to

5 develop an economic program for the Tribe.

6 (29) In 1983, the Rappahannocks received

7 State recognition.

8 SEC. 402. DEFINITIONS.

9 For the purposes of this title—

10 (1) the term ‘‘Tribe’’ means the organization

11 possessing the legal name Rappahannock Tribe, Inc.,

12 only and no other tribe, subtribe, band, or splinter

13 groups representing themselves as Rappahannocks;

14 (2) the term ‘‘Secretary’’ means the Secretary

15 of the Interior; and

16 (3) the term ‘‘member’’ means an enrolled

17 member of the Tribe, as of the date of the enact18 ment of this Act, or an individual who has been

19 placed on the membership rolls of the Tribe in ac20 cordance with this Act.

21 SEC. 403. FEDERAL RECOGNITION.

22 (a) FEDERAL RECOGNITION.—Federal recognition is

23 hereby extended to the Tribe, which entitles the

24 Rappahannocks to all sovereign powers and rights as au25 tonomous Native American Nations. All laws and regula-
37

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•S 2694 IS

1 tions of the United States of general application to Indi2 ans or nations, tribges, or bands of Indians, including the

3 Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are

4 not inconsistent with any specific provision of this Act,

5 shall be applicable to the Tribe and its members.

6 (b) FEDERAL SERVICES AND BENEFITS.—

7 (1) IN GENERAL.—The Tribe and its members

8 shall be eligible, on and after the date of the enact9 ment of this Act, for all future services and benefits

10 provided by the Federal Government to federally rec11 ognized Indian tribes without regard to the existence

12 of a reservation for the Tribe or the location of the

13 residence of any member on or near any Indian res14 ervation.

15 (2) SERVICE AREA.—For purposes of the deliv16 ery of Federal services to enrolled members of the

17 Tribe, the Tribe’s service area shall be deemed to be

18 the area comprised of King and Queen, Caroline,

19 and Essex Counties, Virginia.

20 SEC. 404. MEMBERSHIP.

21 Not later than 18 months after the date of the enact22 ment of this Act, the Tribe shall submit to the Secretary

23 a membership roll consisting of all individuals currently

24 enrolled for membership in the Tribe. The qualifications

25 for inclusion on the membership roll of the Tribe shall be
38

37

•S 2694 IS

1 determined by the membership clauses in the Tribe’s gov2 erning document, in consultation with the Secretary. Upon

3 completion of the roll, the Secretary shall immediately

4 publish notice of such in the Federal Register. The Tribe

5 shall ensure that such roll is maintained and kept current.

6 SEC. 405. CONSTITUTION AND GOVERNING BODY.

7 (a) CONSTITUTION.—

8 (1) ADOPTION.—Not later than 24 months

9 after the date of the enactment of this Act, the

10 Tribe shall conduct, by secret ballot, an election to

11 adopt a constitution and bylaws for the Tribe.

12 (2) INTERIM GOVERNING DOCUMENTS.—Until

13 such time as a new constitution is adopted under

14 paragraph (1), the governing documents in effect on

15 the date of enactment of this Act shall be the in16 terim governing documents for the Tribe.

17 (b) OFFICIALS.—

18 (1) ELECTION.—Not later than 6 months after

19 the Tribe adopts a constitution and bylaws pursuant

20 to subsection (a), the Tribe shall conduct elections

21 by secret ballot for the purpose of electing officials

22 for the Tribe as provided in the constitution and by23 laws.

24 (2) INTERIM GOVERNMENT.—Until such time

25 as the Tribe elects new officials pursuant to para-
39

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•S 2694 IS

1 graph (1), the governing body of the Tribe shall be

2 the governing body in place on the date of the enact3 ment of this Act, or any new governing body selected

4 under the election procedures specified in the in5 terim governing documents of the Tribe.

6 SEC. 406. RESERVATION OF THE TRIBE.

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, if the Tribe transfers the land described in

9 subsection (b) and any other land within the boundaries

10 of King and Queen County, Essex County, and Caroline

11 County, Virginia, to the Secretary, the Secretary shall

12 take such land into trust for the benefit of the Tribe.

13 (b) CONSTRUCTION.—Nothing in this section shall be

14 construed to satisfy the terms for an exception under sec15 tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25

16 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on

17 lands acquired by the Secretary in trust for the benefit

18 of an Indian tribe after October 17, 1988, under section

19 20(a) of such Act (25 U.S.C. 2719(a)).

20 SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND

21 WATER RIGHTS.

22 Nothing in this Act shall expand, reduce, or affect

23 in any manner any hunting, fishing, trapping, gathering,

24 or water rights of the Tribe and its members.
40

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1 TITLE V—MONACAN TRIBE

2 SEC. 501. FINDINGS.

3 Congress makes the following findings:

4 (1) In 1677, the Monacan Tribe signed the

5 Treaty of Middle Plantation between Charles II of

6 England and 12 Indian ‘‘Kings and Chief Men’’.

7 (2) In 1722, in the Treaty of Albany, Governor

8 Spotswood negotiated to save the Virginia Indians

9 from extinction at the hands of the Iroquois. Specifi10 cally mentioned are the Monacan tribes of the

11 Totero (Tutelo), Saponi, Ocheneeches (Occaneechi),

12 Stengenocks, and Meipontskys.

13 (3) In 1782, the First National Census records

14 Benjamin Evans and Robert Johns, both ancestors

15 of the present Monacan community. They are listed

16 as white with mulatto children. Tax records also

17 begin for these families.

18 (4) In 1850, the Census records 29 families,

19 mostly large, with Monacan surnames, who are gene20 alogically related to the present community.

21 (5) In 1870, a log structure at the Bear Moun22 tain Indian Mission was built. In 1908, this struc23 ture became an Episcopal Mission and is now listed

24 as a National Historic Landmark.
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1 (6) In 1920, 304 Amherst Indians are listed on

2 the Census.

3 (7) From 1930 through 1931, a flurry of letters

4 from Monacans to the United States Bureau of the

5 Census results from Dr. Walter Plecker’s (head of

6 State Bureau of Vital Statistics) decision not to

7 allow Indians to register as such for the 1930 cen8 sus. The Monacans succeed in being allowed to claim

9 their race, albeit with an asterisk attached to a note

10 from Dr. Plecker stating that there are no Indians

11 in Virginia.

12 (8) In 1947, D’Arcy McNickle, a Salish Indian,

13 saw some of the children at the Amherst Mission

14 and requested that the Cherokee Agency visit them

15 because they appeared to be Indian. This letter was

16 forwarded to the Department of the Interior, Office

17 of Indian Affairs, Chicago, Illinois. Chief Jarrett

18 Blythe of the Eastern Band of Cherokee did visit the

19 Mission and wrote that he ‘‘would be willing to ac20 cept these children in the Cherokee school’’.

21 (9) In 1979, a Federal Coalition of Eastern Na22 tive Americans grant established the Monacan Co23 operative Pottery at the Mission. Some important

24 pieces are produced, including one that was sold to

25 the Smithsonian.
42

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1 (10) In 1981, the Mattaponi-Pamunkey-Mona2 can Consortium was created and since organized as

3 a nonprofit corporation that serves as a vehicle to

4 obtain funds for the tribes through the Native Amer5 ican Program of the Job Training Partnership Act

6 (Department of Labor).

7 (11) In 1989, the Monacan Tribe is officially

8 recognized by the Commonwealth of Virginia, which

9 enables the Tribe to apply for grants and other pro10 grams. In 1993, the Tribe received tax-exempt sta11 tus as a nonprofit corporation from the Internal

12 Revenue Service.

13 SEC. 502. DEFINITIONS.

14 For the purposes of this title—

15 (1) the term ‘‘Tribe’’ means the Monacan

16 Tribe;

17 (2) the term ‘‘Secretary’’ means the Secretary

18 of the Interior; and

19 (3) the term ‘‘member’’ means an enrolled

20 member of the Tribe, as of the date of the enact21 ment of this Act, or an individual who has been

22 placed on the membership rolls of the Tribe in ac23 cordance with this Act.
43

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•S 2694 IS

1 SEC. 503. FEDERAL RECOGNITION.

2 (a) FEDERAL RECOGNITION.—Federal recognition is

3 hereby extended to the Tribe. All laws and regulations of

4 the United States of general application to Indians or na5 tions, tribes, or Tribes of Indians, including the Act of

6 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in7 consistent with any specific provision of this Act, shall be

8 applicable to the Tribe and its members.

9 (b) FEDERAL SERVICES AND BENEFITS.—

10 (1) IN GENERAL.—The Tribe and its members

11 shall be eligible, on and after the date of the enact12 ment of this Act, for all future services and benefits

13 provided by the Federal Government to federally rec14 ognized Indian tribes without regard to the existence

15 of a reservation for the Tribe or the location of the

16 residence of any member on or near any Indian res17 ervation.

18 (2) SERVICE AREA.—For purposes of the deliv19 ery of Federal services to enrolled members of the

20 Tribe, the Tribe’s service area shall be deemed to be

21 the area comprised of all lands within 150 miles of

22 the center of Amherst, Virginia.

23 SEC. 504. MEMBERSHIP.

24 Not later than 18 months after the date of the enact25 ment of this Act, the Tribe shall submit to the Secretary

26 a membership roll consisting of all individuals currently
44

43

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1 enrolled for membership in the Tribe. The qualifications

2 for inclusion on the membership roll of the Tribe shall be

3 determined by the membership clauses in the Tribe’s gov4 erning document, in consultation with the Secretary. Upon

5 completion of the roll, the Secretary shall immediately

6 publish notice of such in the Federal Register. The Tribe

7 shall ensure that such roll is maintained and kept current.

8 SEC. 505. CONSTITUTION AND GOVERNING BODY.

9 (a) CONSTITUTION.—

10 (1) ADOPTION.—Not later than 24 months

11 after the date of the enactment of this Act, the

12 Tribe shall conduct, by secret ballot, an election to

13 adopt a constitution and bylaws for the Tribe.

14 (2) INTERIM GOVERNING DOCUMENTS.—Until

15 such time as a new constitution is adopted under

16 paragraph (1), the governing documents in effect on

17 the date of enactment of this Act shall be the in18 terim governing documents for the Tribe.

19 (b) OFFICIALS.—

20 (1) ELECTION.—Not later than 6 months after

21 the Tribe adopts a constitution and bylaws pursuant

22 to subsection (a), the Tribe shall conduct elections

23 by secret ballot for the purpose of electing officials

24 for the Tribe as provided in the constitution and by25 laws.
45

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1 (2) INTERIM GOVERNMENT.—Until such time

2 as the Tribe elects new officials pursuant to para3 graph (1), the governing body of the Tribe shall be

4 the governing body in place on the date of the enact5 ment of this Act, or any new governing body selected

6 under the election procedures specified in the in7 terim governing documents of the Tribe.

8 SEC. 506. RESERVATION OF THE TRIBE.

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, if the Tribe transfers to the Secretary a parcel

11 consisting of approximately 10 acres located on Kenmore

12 Road in Amherst County, Virginia, and a parcel of land

13 consisting of approximately 165 acres located at the foot

14 of Bear Mountain in Amherst County, Virginia, the Sec15 retary shall take such land into trust for the benefit of

16 the Tribe.

17 (b) CONSTRUCTION.—Nothing in this section shall be

18 construed to satisfy the terms for an exception under sec19 tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25

20 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on

21 lands acquired by the Secretary in trust for the benefit

22 of an Indian tribe after October 17, 1988, under section

23 20(a) of such Act (25 U.S.C. 2719(a)).
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1 SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND

2 WATER RIGHTS.

3 Nothing in this Act shall expand, reduce, or affect

4 in any manner any hunting, fishing, trapping, gathering,

5 or water rights of the Tribe and its members.

6 TITLE VI—NANSEMOND TRIBE

7 SEC. 601. FINDINGS.

8 Congress makes the following findings:

9 (1) From 1607 until 1646, Nansemonds lived

10 about 30 miles from Jamestown; were major players

11 in English-Indian affairs in those years. After 1646,

12 there were 2 sections of the tribe, in communication

13 with each other: the Christianized Nansemonds in

14 Norfolk County lived as citizens, while the tradition15 alist Nansemonds farther west (various counties)

16 had a reservation.

17 (2) In 1638, a Norfolk County Englishman

18 married a Nansemond woman, according to an entry

19 in a 17th century sermon book still owned by the

20 Chief’s family. The couple are lineal ancestors of all

21 of the present Nansemond tribe (so are some of the

22 traditionalists).

23 (3) In 1669, the Tribe’s 2 sections appeared in

24 Virginia Colony’s census of Indian bowmen.

25 (4) In 1677, Nansemonds were signatories to

26 the Treaty of 1677 with the King of England.
47

46

•S 2694 IS

1 (5) In 1700 and 1704, the Nansemonds and

2 other Virginia tribes were prevented by Virginia Col3 ony from making a separate peace with the Iroquois.

4 Virginia represented them in the final Treaty of Al5 bany, 1722.

6 (6) In 1711, the Nansemonds had a boy at the

7 Indian School at the College of William and Mary.

8 (7) In 1727, Norfolk County allowed to William

9 Bass and kinsmen the ‘‘Indian privileges’’ of clear10 ing swamp land and bearing arms (forbidden to

11 other nonwhites) because of their Nansemond de12 scent, which meant they were original inhabitants of

13 said land.

14 (8) In 1742, Norfolk County issued a certificate

15 of Nansemond descent to William Bass.

16 (9) From the 1740’s to the 1790’s, the tradi17 tionalist section of the Nansemond tribe, 40 miles

18 west, was dealing with reservation lands. The last

19 surviving members of that section sold out in 1792,

20 with permission of the Commonwealth of Virginia.

21 (10) In 1797, Norfolk County issued a certifi22 cate stating that William Bass was of Indian and

23 English descent; the Indian line of ancestry ran di24 rectly back to the early 18th century elder in a tra25 ditionalist section of Nansemonds on the reservation.
48

47

•S 2694 IS

1 (11) In 1833, a State law passed enabling Eu2 ropean and Indian descended people to get a special

3 certificate of ancestry; a bill originated from the

4 county where Nansemonds lived, and mostly

5 Nansemonds took advantage of the law (few people

6 in other counties).

7 (12) Around 1850, a Methodist mission was es8 tablished for Nansemonds which is now a standard

9 Methodist congregation and still with Nansemond

10 members.

11 (13) In 1901, Smithsonian anthropologist

12 James Mooney visited the Nansemonds and took a

13 tribal census counting 61 households. The census

14 was later published.

15 (14) In 1922, Nansemonds got a special Indian

16 school in Norfolk County’s segregated school system.

17 The school survived only a few years.

18 (15) In 1928, University of Pennsylvania an19 thropologist Frank Speck published a book on mod20 ern Virginia Indians with a section on the

21 Nansemonds.

22 (16) In 1984, the Nansemonds were organized

23 formally, with elected officers; then applied for and

24 won State recognition.
49

48

•S 2694 IS

1 SEC. 602. DEFINITIONS.

2 For the purposes of this title—

3 (1) the term ‘‘Tribe’’ means the Nansemond

4 Tribe;

5 (2) the term ‘‘Secretary’’ means the Secretary

6 of the Interior; and

7 (3) the term ‘‘member’’ means an enrolled

8 member of the Tribe, as of the date of the enact9 ment of this Act, or an individual who has been

10 placed on the membership rolls of the Tribe in ac11 cordance with this Act.

12 SEC. 603. FEDERAL RECOGNITION.

13 (a) FEDERAL RECOGNITION.—Federal recognition is

14 hereby extended to the Tribe. All laws and regulations of

15 the United States of general application to Indians or na16 tions, tribes, or bands of Indians, including the Act of

17 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in18 consistent with any specific provision of this Act, shall be

19 applicable to the Tribe and its members.

20 (b) FEDERAL SERVICES AND BENEFITS.—

21 (1) IN GENERAL.—The Tribe and its members

22 shall be eligible, on and after the date of the enact23 ment of this Act, for all future services and benefits

24 provided by the Federal Government to federally rec25 ognized Indian tribes without regard to the existence

26 of a reservation for the Tribe or the location of the
50

49

•S 2694 IS

1 residence of any member on or near any Indian res2 ervation.

3 (2) SERVICE AREA.—For purposes of the deliv4 ery of Federal services to enrolled members of the

5 Tribe, the Tribe’s service area shall be deemed to be

6 the area comprised of the cities of Chesapeake,

7 Hampton, Newport News, Norfolk, Portsmouth, Suf8 folk, and Virginia Beach, Virginia.

9 SEC. 604. MEMBERSHIP.

10 Not later than 18 months after the date of the enact11 ment of this Act, the Tribe shall submit to the Secretary

12 a membership roll consisting of all individuals currently

13 enrolled for membership in the Tribe. The qualifications

14 for inclusion on the membership roll of the Tribe shall be

15 determined by the membership clauses in the Tribe’s gov16 erning document, in consultation with the Secretary. Upon

17 completion of the roll, the Secretary shall immediately

18 publish notice of such in the Federal Register. The Tribe

19 shall ensure that such roll is maintained and kept current.

20 SEC. 605. CONSTITUTION AND GOVERNING BODY.

21 (a) CONSTITUTION.—

22 (1) ADOPTION.—Not later than 24 months

23 after the date of the enactment of this Act, the

24 Tribe shall conduct, by secret ballot, an election to

25 adopt a constitution and bylaws for the Tribe.
51

50

•S 2694 IS

1 (2) INTERIM GOVERNING DOCUMENTS.—Until

2 such time as a new constitution is adopted under

3 paragraph (1), the governing documents in effect on

4 the date of enactment of this Act shall be the in5 terim governing documents for the Tribe.

6 (b) OFFICIALS.—

7 (1) ELECTION.—Not later than 6 months after

8 the Tribe adopts a constitution and bylaws pursuant

9 to subsection (a), the Tribe shall conduct elections

10 by secret ballot for the purpose of electing officials

11 for the Tribe as provided in the constitution and by12 laws.

13 (2) INTERIM GOVERNMENT.—Until such time

14 as the Tribe elects new officials pursuant to para15 graph (1), the governing body of the Tribe shall be

16 the governing body in place on the date of the enact17 ment of this Act, or any new governing body selected

18 under the election procedures specified in the in19 terim governing documents of the Tribe.

20 SEC. 606. RESERVATION OF THE TRIBE.

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, if the Tribe transfers any land it acquires to

23 the Secretary, the Secretary may take such land into trust

24 for the benefit of the Tribe.
52

51

•S 2694 IS

1 (b) CONSTRUCTION.—Nothing in this section shall be

2 construed to satisfy the terms for an exception under sec3 tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25

4 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on

5 lands acquired by the Secretary in trust for the benefit

6 of an Indian tribe after October 17, 1988, under section

7 20(a) of such Act (25 U.S.C. 2719(a)).

8 SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND

9 WATER RIGHTS.

10 Nothing in this Act shall expand, reduce, or affect

11 in any manner any hunting, fishing, trapping, gathering,

12 or water rights of the Tribe and its members.

Æ
53

Senator CAMPBELL. I see Senator Allen is here. We were just

doing an introductory statement. You are welcome to join us at the

dais. Senator Inouye has informed me that he is going to have to

leave early, so before I make my opening statement, I would like

to call on the Chairman, if he would like to say a few words before

he leaves.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM

HAWAII, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

The CHAIRMAN. I thank the Vice Chairman very much. I have to

leave shortly for a conference of the Department of Defense Appropriations Bill; but I wanted to be here to welcome our colleagues

from the House, Mr. Moran, and the Virginia Delegation of the

Senate.

I want to commend all of you for your support of the bill that

is before the committee today. I wish to advise all of you that I

have read the statements, and I believe that you make a most compelling case for the Virginia tribes that your bill seeks to address.

I am particularly grateful that you have identified and appreciate the difference between Federal recognition and other matters

for which there are separate processes and distinct thresholds that

must be met, such as the taking of land in trust and the conduct

of gaming activities.

The prepared statement of our colleague from the House, Congressman Moran, details the sad and tragic history of the Virginia

tribes; and ladies and gentlemen, I want to assure you that this

committee will work with you and the Virginia tribes to develop a

new chapter in our history books, one of which we can all be proud.

With that, Mr. Chairman, I thank you very much, and I regret

I must leave.

Senator CAMPBELL. Thank you, Mr. Chairman.

This bill was introduced on June 27, 2002 by Senator Allen, for

himself and Senator Warner. We have the pleasure of having Senator Allen here. I understand Senator Warner is on his way, but

Congressman Moran is also on the Floor voting and may not be

here.

This bill would provide legislative recognition to the six Indian

Groups that are located in the Commonwealth of Virginia. The ancestors of the tribes in Virginia were among the first Native peoples of the Americas to encounter Europeans when the latter arrived in the early 1600s, and we are very familiar with those stories.

The Virginia tribes were recognized and dealt with by the Crown

of England as sovereign entities with whom treaties were struck.

The six groups seeking Federal acknowledgment are currently recognized as Indian tribes by the Commonwealth of Virginia and

England as well.

I am told by the staff that while he was Governor, Senator Allen

took part in an annual treaty-honoring ceremony with the Virginia

tribes, that took place at Thanksgiving at the Governor’s home in

Richmond. I commend him for doing that.

In February 1999, both the Virginia House of Delegates and the

Virginia Senate passed H.J. Res. 754, urging the U.S. Congress to
54

grant historic Congressional Federal recognition of the eight tribes

recognized by the State of Virginia.

The bill before us would do just that, but would exempt the

Mattaponi and the Pamunkey, which have elected not to take part

in this legislation. When he was the Governor of Virginia, Senator

Allen called for the tribes to be recognized.

As both Senators know, I have generally been opposed to legislative recognition as a substitute for the Federal acknowledgment

process, except in extenuating circumstances; and I am sure we

may hear some of those today.

Nonetheless, I understand the frustration of petitioning groups.

Some have waited generations to have their petition acted on.

These Virginia tribes have submitted petitions for Federal acknowledgment to the Branch of Acknowledge and Research, called the

BAR, and have attempted for some years to obtain legislative recognition; but to date, have been unsuccessful.

In light of the upcoming 400th anniversary of the foundation of

the Jamestown Colony in 1607, the Commonwealth understandably

wants to fully include the Virginia tribes in the celebrations and,

in fact, supports the tribes’ bid for the Federal acknowledgment.

I look forward to hearing from our colleagues and our witnesses.

With that, I would ask Senator Allen if he has some comments that

he would like to make before we hear from the witnesses.

STATEMENT OF HON. GEORGE ALLEN, U.S. SENATOR FROM

VIRGINIA

Senator ALLEN. Yes; I would, Mr. Chairman. First and foremost,

I want to thank you, Senator Campbell, for your leadership, your

statement and understanding, as well as that of the chairman, Senator Inouye, for having this hearing on such short notice. I recognize that there are many issues arising, but this is something that

is very important to these six Virginia Indian tribes.

I think that the views that I will be expressing will be amplified

by those of Senator Warner, who also joins me in this effort. Virginians are unified.

I respectfully have asked this committee to begin the process of

Federal recognition for the Chickahominy, the Eastern Chickahominy, the Upper Mattaponi, the Rappahannock, the Monacan, and

the Nansemond Tribes, by voting in favor of this measure, which

we call the Thomasina Jordan Indian Tribes of Virginia Federal

Recognition Act of 2002.

I have introduced this legislation with my colleague, Senator

Warner, to provide long overdue recognized status for a group of

Americans that have been part of this country’s history from its inception; when the English settlers came into Virginia.

The six tribes that are seeking Federal recognition have suffered

humiliation and indignities that have gone largely unnoticed by

most Americans.

Many of these injustices were not a result of any action the Virginia Indians undertook. They were rather due to Government policies that sought to eliminate their culture and heritage. I believe,

because of these facts, the circumstances of their situation warrants Congressional motion for Federal recognition.
55

I can understand the concern that my colleagues express over

granting Federal recognition without the investigative processes

used by the Department of the Interior. However, if one closely examines the history of these Virginia Indians, they will see why this

legislation has been introduced, and why my colleagues, Congresswoman Joanne Davis and Congressman Jim Moran, continue to

push for recognition on the House side.

The history of these six tribes begins well before the first Europeans landed on this continent. History has shown their continuous

inhabitance of Virginia.

Through the last 400 years, they have undergone great hardship.

However, many have worked to maintain their traditions and their

heritage, through those difficult centuries.

To put the long history of the Virginia Indians in context, while

many frederally-recognized tribes have signed agreements with the

U.S. Government, the Virginia Indian tribes hold treaties with the

King of England, including a treaty in 1677, between the tribes and

Charles II.

Indeed, the ceremony that Senator Campbell mentioned, where

there is a tribute paid, is a treaty that goes way back before our

succession and independence from Britain, where the tribes were

to pay taxes to the Crown Colony of 20 beaver pelts at the going

of the geese. That is a continuation of that heritage and that treaty, again, that precedes even our independence from Britain.

Like the plight of many Indian tribes across America during the

last four centuries, the Virginia tribes were continually moved off

their land, and many assimilated into U.S. society. Even then, the

Indians of Virginia were not extended the same rights offered to

U.S. citizens. The years of racial discrimination and coercive policies took a tremendous toll on the population of Virginia Indians.

During the 20th Century, at the turn of the 20th Century, members of these six tribes suffered even more injustice. New state

mandates forced Virginia Indians to renounce their Indian names

and heritage.

The passing of the Racial Integrity Act of 1924 began a dark

time in the history of the Commonwealth of Virginia. This measure, which was enforced by a state official, the Registrar of the Bureau of Vital Statistics, a man named Walker Plecker, sought to destroy all records of the Virginia Indians, and recognize them as

‘‘colored.’’

People were threatened with imprisonment for noting ‘‘Indian’’

on their birth certificate. Mothers were not allowed to take their

newborn children home, if they were given an Indian name. This

policy, along with the over-zealous enforcement by Dr. Plecker, has

left many Virginia Indians searching for their true identity.

I am going to incorporate, if I may, into the record, an article by

respected journalist, Peter Harden, who did research on this in a

comprehensive article that appeared on March 5, 2000, in the Richmond Times Dispatch. It shows a good research into this matter,

and I would like it in the record.

The point is, the Racial Integrity Act left the records of thousands of Virginia Indians inaccurate, or deliberately misleading,

until 1997. As Governor that year, we signed into law legislation

that directed state agencies to correct all State records related to
56

Virginia Indians, reclassifying them as ‘‘American Indian,’’ and not

colored.

As Governor my administration championed this initiative, after

learning of the pain and the concern of this racist policy, and how

it inflicted that pain on many Virginia citizens.

I was also briefed on the problems that many Virginia Indians

experience when attempting to even trace back their ancestry, or

have the records of their children or their deceased family members

corrected.

So to combat those injustices, we ensured that any American Indian, whose certified copy of a birth record contains an incorrect racial designation, were able to obtain a corrected birth certificate,

without paying a fee.

It is bad enough what was done in the past; but to make a citizen have to pay a fee, because of a State policy that forces racial

discrimination was clearly wrong, so we made sure there were no

costs in that regard.

Now because of the arrogant, manipulating policies of the Virginia Racial Integrity Act, the Virginia Tribes have had a difficult

time collecting and even substantiating official documents necessary for Federal recognition.

Through no fault of their own, the records they need to meet the

stringent and difficult requirements for Federal recognition are

simply not available, and they are trying to work through it.

I fear that unless my colleagues take action legislatively, these

six tribes will be faulted and denied Federal recognition for circumstances and discrimination over which they had no control

The Virginia tribes have filed a petition with the Department of

Interior’s Branch of Acknowledgment and Recognition. However, I

believe Congressional action is the appropriate path for Federal

recognition.

The six Indian tribes represented here today have faced discrimination and attacks on their culture that are unheard of in most regions and states of the United States.

The Federal recognition brings numerous benefits to Virginia Indians, including access to education assistance, housing assistance,

and health care services, which are available to most American Indians.

The education grants, in particular, would provide an avenue for

Virginia Indians to improve the prospects for employment and,

hopefully, secure even better jobs, along with health benefits in

that job.

The benefits that are offered by Federal recognition would not be

restitution for the years of institutional racism and hostility, but it

would provide new opportunities for members of the six tribes.

This recognition, Mr. Chairman, Senator Campbell, and I see my

colleague from Virginia, Senator Warner is here, is really a matter

of justice. It is a matter of fair treatment, and it is a matter of

honor and pride of heritage and family.

Yes, the health benefits, the education opportunities all matter.

But it is also a recognition that we, as a Federal Government, want

to do what is right by these individuals. I am not blaming the Federal Government for what Virginia did; but nevertheless, this recognition is a long time in coming.
57

Now I understand that there are concerns of some members of

Congress. I share the concern about gambling, which becomes a big

issue in property claims that relate to federally-recognized Indian

tribes. Many members of Congress place the issue of gambling and

casinos front and center, when discussing Federal recognition of Indian tribes.

While I do not doubt that some states have experienced difficulties as a result of Indian tribes erecting casinos, I feel confident

that gambling is not the goal of these six tribes.

The tribes have stated that they have no intention of seeking casino gambling licenses, and do not currently engage in bingo enterprises or operations, even though they have permission to do so

under Virginia law.

So to allay any fears, as you go through each and every one of

these specific tribes, I have put in the legislation, as has my colleague and cosponsor, Senator Warner, and it is the same as the

House version, it makes it very clear that there are proper safeguards under Virginia law and the Indian Gaming Regulatory Act.

The concern that Federal recognition will result in gambling or

casino problems in Virginia have been sufficiently addressed. Only

if Virginia somehow would allow casino gambling in the state

would Virginia Indians be able to do so.

So the point is, Virginia does not allow it. I do not foresee it in

Virginia, and I cannot imagine the state changing those laws to

allow it on any Indian lands.

I have spoken to many of the members of these six tribes, and

again, they are not seeking this recognition for any superficial gain.

They, instead, seek recognition to reaffirm their place as American

Indians, after that right has been stripped from them for many

decades.

Mr. Chairman and Senator Campbell, have worked with these

six tribes over the last 5 years. The circumstances in this case are

unique and special, and that is why I have introduced this legislation with my colleague, Senator Warner.

I am hopeful that this committee will objectively review their situation, the bad history as far as how they have been treated, and

then make the right decision to move this measure to the Floor for

approval.

I thank you again, Senator Campbell, for your care, your consideration, in taking time from your busy schedule to have this hearing today.

Senator CAMPBELL. Thank you, Senator; and for those in the audience from Virginia, Senator Allen and I served in the House together. We were great friends, and have been here in the Senate.

He left us for awhile to do the affairs of state, but we are happy

to have him back here. We have known for years that he has always been a very sensitive, fair-minded person, when it comes to

issues dealing with American Indians.

Senator ALLEN. Just for a matter of record, I have no problem

with casino gaming for Indian tribes. [Laughter.]

Senator CAMPBELL. You do not have to sell me. I have always

supported it, as long as they are within the framework of IGRA.
58

I would like now to turn to our senior colleague, Senator Warner,

also a great friend of mine. Senator Warner, do you have a statement before we hear some testimony?

STATEMENT OF HON. JOHN WARNER, U.S. SENATOR FROM

VIRGINIA

Senator WARNER. Well, I thank you, Mr. Chairman.

Mr. Chairman, you have been a pioneer leader, together with

Senator Inouye, to protect the rights of our Native Americans, and

to do it in such a way that you bring the Congress, and certainly

the Senate, with you on the mission.

Now we have this initiative by my colleague, and I associate myself with your remarks, Senator Allen. They were beautifully written. As I listened, they reflected on your personal study of years

and years and years of the historical precedence that justifies this

legislation.

I think it is most appropriate that you, as a former Governor of

the Commonwealth of Virginia, who in that capacity assisted the

tribes in various ways during that period of time, are the one to

take the lead. I am very privileged to be associated with you and

your cosponsor.

So I thank you, Mr. Chairman, and I thank you, Senator Allen.

My remarks are very brief, because I associate myself with those

remarks given by my colleague.

On the issue of the gambling, we respect the wishes of your

State, as you respect the current wishes of our state. This was an

issue, but I think Senator Allen and others in Congress, who we

work with very carefully, recognize that the framework of Federal

laws, now appropriately and properly, are placed in the hands of

the respective Governors, working with their State legislatures, to

deal with this issue.

Because while the tribes and the leadership in Virginia today

have committed that their intention is not to pursue gambling we

recognize that what we are about to do will last for generations,

and we have to consider future generations of leaders and their followers, as to what they might do in the future.

But again, as Senator Allen said, we assure the citizens of our

great State, 7-plus million, that the issue of gambling is not implicit in this, and it is well protected by a framework of laws.

So first, I wish to welcome many that I recognize have traveled

long distances to be here so early today. Usually the Senate does

not get started this early on major issues, and you had a long journey to get up quite early for this morning.

It reflects the sincerity and depth of your individual and collective views on this important piece of legislation. I hope those that

could not make this trip, and indeed, had there been others, I do

not know how we would have fit them in, because every seat is

taken, but I hope that they appreciate your long-time efforts on behalf of everyone who takes pride in this recognition, as Senator

Allen said, that is long overdue.

I would hope, Mr. Chairman, that this matter could be addressed

in this Congress. Our visitors today are not familiar with, I guess

you might call it, the eccentricities of what we are now experienc-
59

ing in the Congress. We are about to go out as a Congress. The

question of a lame duck, of course, is before us.

But could the Chair comment a little bit on how he and Chairman Inouye would hope to move this legislation? I think it is important that our visitors understand that.

Senator CAMPBELL. Well, I might, if the Senator would yield.

Senator WARNER. Yes.

Senator CAMPBELL. As you know, we have anything between 2

more days and 5 or 6 more days. We have literally no idea. The

leadership has not told us firmly when we are going to out. I guess

that decision has not been made.

It is my understanding that there was a hearing already on the

House side on this bill, that Congressman Hansen did, about 3

weeks ago. I have not conferred with Senator Inouye or Congressman Hansen, either one.

But just offhand, I would say that the possibility of moving this

bill through this time around is very, very slim, particularly as I

understand, that the Administration, through the Department of

the Interior, is not supporting it. So we will just have to hear what

they have to say.

Senator WARNER. Well, I would say to the Chair and my colleague, that it would be our hope, I assume, to join together and

introduce this on the opening day of the next Congress, and renew

our efforts in the coming Congress.

Because I feel that so many visitors do not understand that once

a Congress concludes its 2-year life, then all legislation that has

been introduced and has not been acted upon simply dies. That is

the phrase that we use.

But while this may die, it will be revived, am I not correct, Senator Allen?

Senator ALLEN. Right.

Senator WARNER. We should not give up.

Senator CAMPBELL. Well, we can establish at least a hearing and

some dialog.

Senator ALLEN. I would say to my colleague, having watched this

and seeing the progress, and the progress has been slow, then justice has been long.

But the progress here is progress, and this the first time there

has ever been a hearing, in the history of this august body, on recognition of these six tribes of Virginia Indians.

Senator WARNER. Well, most importantly, if you would yield, it

is the first time that Virginia Senators have put this in.

Senator ALLEN. So it is the first time that the bill was introduced. That is the first great progress in recognition. Second,

thanks to Senator Campbell and Chairman Inouye, we are having

this hearing. This is great progress.

Things move very slowly here. I am not one of great patience; but

I have to be patient, and recognize that sometimes progress moves

slowly. But I think that with the help of Senator Campbell, Chairman Inouye, and others, that progress is made.

The fact that we are having this hearing here today, this will

help bring this issue to the forefront. People will pay attention to

the facts and the unique circumstances. I am hopeful that as we

start off the 108 Congress, in the event that this cannot get done
60

in the last 2 or 5 days, however many are left, we will have a good

running start next year.

Again, I want to thank Senator Campbell, because your leadership is absolutely essential. You, as well as Chairman Inouye, are

ones who people look to for guidance and leadership.

Senator WARNER. Many Native American tribes have waited

hundreds of years for recognition. I think we can assure them, Senator Allen, that they will not have to wait much longer for this

piece of legislation.

Senator CAMPBELL. I might tell both Senators that, as you probably know, the appropriations process for Interior, which provides

all the money for Indian tribes, is pretty well through for next year

now. So it is a matter of justice for you, but it is also going to be

a matter of finances for the Bureau.

How many people total, in the six tribes, are we talking about?

Senator ALLEN. It is however many applied. Maybe one of our

witnesses can answer that.

Senator CAMPBELL. Well, I can ask them.

Senator ALLEN. It is in the nature of thousands. It is not tens

of thousands. It would be a few thousand.

Senator WARNER. I think it would be helpful, the chief says was

2,700.

Senator CAMPBELL. Okay, the reason I asked is because some

groups that have come before the committee have as many as, as

I understand it, 40,000 or 45,000 members. There was a group in,

last week, in fact, testifying on a different issue, that had a total

of 12 members.

Well, let me tell you, there is a big difference, when you talk

about providing services, between 45,000 and 12 people. So that is

the other thing that we are going to have to consider.

Senator ALLEN. In the entire Commonwealth of Virginia, and

somebody can correct me if I am wrong, but I believe there are

about 26,000 American Indians of all different tribes, in the whole

Commonwealth of Virginia.

There are two other tribes, the Mattaponi and the Pamunkey,

that you mentioned, that do have their own reservations. They are

State recognized and are not seeking this Federal recognition.

Senator CAMPBELL. May I ask why?

Senator ALLEN. Maybe they feel they have sufficient recognition,

in that they actually have their two reservations and their own

lands. These other tribes do not have those.

Senator CAMPBELL. Well, let us go ahead and get started. We

will include Congressman Moran’s testimony in the record.

[Prepared statement of Mr. Moran appears in appendix.]

CAMPBELL. I would like to go ahead and start with Mr. Michael

Smith, the Director of Tribal Services from the Bureau of Indian

Affairs.

Mr. Smith, if you would just go ahead and come to the table

there, and if you have anybody that is going to testify with you or

speak in support, they are welcome to come, too. Your complete testimony will be included in the record. If there is anything you

would like to abbreviate, please feel free to do so.
61

STATEMENT OF MICHAEL R. SMITH, DIRECTOR OF TRIBAL

SERVICES, BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF

THE INTERIOR, ACCOMPANIED BY LEE FLEMING, BRANCH

CHIEF FOR THE BRANCH OF ACKNOWLEDGMENT AND RESEARCH

Mr. SMITH. Thank you, Mr. Chairman, it is my honor and privilege to appear before you again. Good morning, my name is Mike

Smith. I am the director for the Office of Tribal Services within the

Bureau of Indian Affairs at the Department of the Interior.

I am here today to provide the Administration’s position of opposition to S. 2694, a bill to extend Federal recognition to the Chickahominy Tribe, the Chickahominy Indian Tribe—Eastern Division,

the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the

Monacan Tribe, and the Nansemond Tribe.

Under 25 CFR Part 83, groups seeking Federal acknowledgment

as Indian tribes are reviewed in a thorough and objective manner.

Each petitioning group must demonstrate that they meet all the

seven mandatory criteria established in these Federal regulations.

The seven mandatory criteria are that a petitioner: [1] demonstrates that it has been identified as an American Indian entity

on a substantially continuous basis since 1900; [2] demonstrates

that a predominant portion of the petitioning group comprises a

distinct community that has existed as a community from historical

times until the present; [3] demonstrates that it has maintained

political influence or authority over its members as an autonomous

entity from historical times until the present; [4] provides a copy

of the group’s present governing document, including its membership criteria.

In the absence of a written document, the petitioner must provide a statement describing in full its membership criteria and current governing procedures; [5] demonstrates that its membership

consists of individuals who descend from a historical Indian tribe

or from historical Indian tribes, which combined and functioned as

a single autonomous political entity; [6] demonstrates that the

membership of the petitioning group is composed principally of persons who are not members of any acknowledged North American

Indian tribe; and [7] demonstrates that neither the petitioner nor

its members are the subject of Congressional legislation that has

expressly terminated or forbidden the Federal relationship.

A criterion shall be considered met if the available evidence establishes a reasonable likelihood of the validity of the facts relating

to that criterion. A petitioner must satisfy all seven of the mandatory criteria in order for tribal existence to be acknowledged.

All six of these groups who would benefit from enactment of S.

2694, have submitted letters of intent and partial documentation to

petition for Federal acknowledgment. However, one of these petitioning groups have submitted completed documented petitions

demonstrating their ability to meet all seven mandatory criteria.

The Federal acknowledgment regulations provide a uniform

mechanism to review and consider groups seeking Indian tribal

status. This legislation, however, allows these groups to bypass

these standards, allowing them to avoid the scrutiny to which other

groups have been subjected.
62

This concludes my prepared statement. I will be happy to answer

any questions the committee may have.

[Prepared statement of Mr. Smith appears in appendix.]

Senator CAMPBELL. Thank you, Mr. Smith.

Your testimony was very brief, and dealt with the standards, criteria, statistics, processes, and so on. I have got a couple of questions, and I am sure Senator Allen does, too.

But let me start by asking you this. If my great grandfather was

somehow taken by force and stuck in a school somewhere and told

to cut his hair and stop his language and generally forget his tribal

culture, and you who are Indians know what I am talking about;

and time goes on, and 50, 60, 70, 80, 100 years go by, how in the

heck are his descendants going to establish all the standards that

the Bureau requires?

How do they establish a process, or how do they have documents,

when there were not even birth certificates in those days? I mean,

it was before we had a census. It was before we had a lot of things.

How do they do that?

Mr. SMITH. Well, I believe our process allows for a number of different ways to provide documentation. Of course, one is by talking

to elders, by providing documentation whenever you interview elders or people who would have knowledge about the existence of

the tribe.

I know that what you are saying is very true. There are many

Indian people throughout the country, who have been denied the

right to practice their religion, or to continue to speak their language and practice their traditional and cultural activities.

But we believe there are ways, especially with these groups, to

provide information that exists in the archives in Virginia and in

public places, where they can obtain these records. We just have

not gotten the completed documentation.

Senator CAMPBELL. Well, I appreciate the need for the BAR

standards, and I recognize the importance of having whatever factual records that can be provided.

I just wanted to point out that, you know, if there are two

groups, and one has a 70-year gap in its existence, and there not

circumstances when one group can be acknowledged, it is easy to

recognize the other group that has been about to document some

things; but obviously, not with that gap.

Let us just take two groups, and if one cannot attribute the gap

of that time to Government policy, then perhaps that 70 year gap

is a rationale for denying recognition?

Mr. SMITH. Well, here again, we are looking at the seven mandatory criteria and the documentation under each criterion. There

have been, as we recognize in some of the petitions that have been

forwarded, gaps in the information. The way we deal with that, of

course, is specific to that particular criterion.

Senator CAMPBELL. Let me interject another quick question.

When you ask questions dealing with statistics and criteria and

standards and all, do you ask potential groups things such as their

language or their traditional dress or dances, or their story of creation, or any of the other things that most Indian people are raised

knowing?

Mr. SMITH. Yes; Mr. Chairman.
63

Senator CAMPBELL. Then if you have a huge gap between when

they were literally dispossessed, as Senator Allen has suggested,

how do they establish that recognition?

I mean, we have got kids on reservations now that have lived

there their whole live that cannot speak their own language, because it is disappearing in many places. How do you establish any

kind of a language chain with a people that have been in the circumstances that we find these tribes in?

Mr. SMITH. Well, again, under the mandatory criterion, and we

are looking at 83.7, Part E, the opportunity, I guess, for the petitioner to provide other information that would fill that gap is available under that criterion.

Senator CAMPBELL. I see.

Mr. SMITH. And I know that there are many Indian people who

have been disenfranchised, through no fault of their own. We are

really not talking necessarily about the loss of identity of the Indian, but of the tribe.

Senator CAMPBELL. I see, but without the tribe, it is difficult for

any of them, as individual Indians, to get any kind of Government

help. Is that not correct?

Mr. SMITH. Yes, Mr. Chairman; in this particular instance, we

also feel that the documented instances of discrimination against

the Virginia tribes would be some type of information that we

would want to look at, because it identifies them as distinct groups.

Senator CAMPBELL. The Bureau opposes the legislative route,

and as I mentioned in my statement, I have been very careful

about it, too.

Because I think it has really opened up a Pandora’s box of all

kinds of groups; most that are legitimately Indian, but clearly some

are not, that have applied for recognition; and if they can get an

understanding, friendly Senator to introduce a bill to do a run

around the Bureau, sometimes that has happened.

But frankly, the time it takes to get these petitions done is just

unbelievably long. How long have these tribes been waiting? I have

heard some tribes are waiting for 20 years.

Mr. SMITH. I think the oldest documented partial petition is

about 20 years old. Some have waited a lesser time; but yes, 20

years.

Senator CAMPBELL. Is it fair to say that some people have people

have probably died waiting? Is that correct?

Mr. SMITH. Yes, Mr. Chairman; I believe the Upper Mattaponi is

the oldest petition that we have on file, and the Rappahannock.

Senator CAMPBELL. Well, first of all, let me tell you that I really

would appreciate it if you and the department would work with our

staff here on the committee, to try to develop a comprehensive bill

that would revise the whole process.

Because I find that this business of waiting that long for people

who are legitimately Indian, I mean, it is just too long. Somehow,

we have got to have a better process to move it through.

As you probably know, there was an amendment on the Floor

this year to put a moratorium on any more tribes going on the

rolls, until we could figure this all out.
64

Senator Inouye and I opposed that and, in fact, we won that

pretty handily when we took a recorded vote. You probably know

that, if you watched C–SPAN and the debates on the Floor.

So I am not supporting putting a moratorium on it; but somehow, we have got to have a better process. I would hope the Bureau

would work with us on that.

Mr. SMITH. I understand, Mr. Chairman.

Senator CAMPBELL. I understand all six of the tribes that are

subject to this bill have submitted petitions to the BAR. Is that correct?

Mr. SMITH. Yes, Mr. Chairman.

Senator CAMPBELL. Are any of them ready for what is called the

technical assistance phase?

Mr. SMITH. I would say yes. I think we are prepared to provide

technical assistance to all six of the petitioning groups.

What has not happened is, a complete petition would require another kind of observation, and that would be a letter pointing out

any obvious deficiencies in their petition. So that would be another

step where could provide people assistance.

Senator CAMPBELL. So that would be a letter from the Bureau

back to them?

Mr. SMITH. Yes.

Senator CAMPBELL. So if you sent that letter to them, would it

be fair to say that you could begin that process; and if it is, how

long does it take to complete it, after they get that letter from you?

Mr. SMITH. Well, it really would depend on the petitioning group.

And, of course, you know what limitation we have on our resources.

Senator CAMPBELL. Yes; and I am sorry to say that much of that

is our fault. Well, after completion of the technical assistance

phase, how long would it take the tribes to complete the FAP process?

Mr. FLEMING. If I may respond.

Senator CAMPBELL. Could you provide your name for the record,

please?

Mr. FLEMING. My name is Lee Fleming, and I am the Branch

Chief for the Branch of Acknowledgment and Research.

After a group responds to the technical assistance review, then

under the regulations, another phase begins, which is entitled, active consideration.

The active consideration is basically a formal review of all the

documents, and there is a 12 month regulatory timeframe for that

review.

I must be honest in saying that before a group is put under active consideration, we already have a number of groups that are in

front of groups now just going to be considered for active consideration.

Senator CAMPBELL. Well, it is mighty complicated. Because I

have said a number of times on this committee, Indians are the

only people in America, that I know of, that are required to carry

a card around to prove they are what they already knew they were.

It is a crazy system, but that is what we find ourselves in. It

started clear back in the days of giving rations and blankets and

so on, in the reservation days.
65

The year 2007 is a key date for Virginians. It is their 400th anniversary and the 400th anniversary of the founding of the Jamestown Colony. I think it is important to the Commonwealth and important to the tribes.

Can you give the committee any indication that if we did not act

legislatively, that these petitions would be done by that very important date?

Mr. SMITH. I really could not predict that, in all honesty, Mr.

Chairman. But as I said before, we are prepared to provide technical assistance to these groups.

Senator CAMPBELL. Have any of them asked you, so far, for technical assistance?

Mr. SMITH. Not to my knowledge; well, I guess Mr. Fleming will

answer that.

Mr. FLEMING. Yes; we have had several occasions to visit with

many of the leaders for technical assistance, and we even met, just

recently, within the past 2 weeks, with some of the leaders.

Senator CAMPBELL. I understand that the Bureau has some concerns with the provisions of this bill that establish service areas

and reservations for the tribes. In some cases, the service areas

overlap other areas.

Should this not be determined by the size of the tribe, the number of people? I would assume these six different tribes have different numbers.

Mr. SMITH. Well, in general, the service area is identified for the

tribe, and this really is an approval process that goes through the

Deputy Commissioner, as far as the Bureau of Indian Affairs Services, and it may vary for other agencies.

Senator CAMPBELL. Do we have tribes in the country that are already recognized, that have overlapping service areas?

Mr. SMITH. Yes, Mr. Chairman; once we have identified a service

area, and we have agreed what the tribe is to that service area, if

there is overlapping, then it is up to the tribe or tribes that are

involved to come to some agreement as to how their membership

will be served, if they are in other jurisdictions.

The other problem that we foresee is that there are other eligible

Indians that would have to be served by a particular tribe, once

they contract or compact for those Bureau services.

Senator CAMPBELL. It appears that some of the reservation areas

may also be overlapping. Is that a problem with the Bureau?

Mr. SMITH. It would not necessarily be a problem, but it would

be up to those tribes, again, to work out that situation, as far as

the jurisdiction and provision of services.

Senator CAMPBELL. I understand the Bureau also has some concerns about how the tribes would establish their base membership

rolls. Staff tells me that the Supreme Court case of Santa Clara

Pueblo v. Martinez make it clear that the membership issues are

internal for the tribes to decide themselves. So what is the problem

with the Bureau determining their rolls?

Mr. SMITH. Well, in the submission of their membership, and if

a particular tribe wanted to establish that list as its base roll, then

we would at least have a clear idea of who their members are, and

on what basis they would begin to add membership, according to

their own criteria.
66

What happens in many cases is, we are not exactly sure what the

base roll is, so we would want to identify a base roll, and assure

that anyone who meets the criteria for the tribe would be allowed

some due process in establishment enrollment within that tribe.

Senator CAMPBELL. Well, let me use another tribe that is already

established, like the Cherokees. I was told a few years ago by Chief

Mankiller, when she was the chairman of that tribe, that they get

about 1,400 requests per month for enrollment of people that believe that they can document that they are Cherokees.

Well, I do not know what number they actually accept every

month, but when they do, do you not just accept that as the acknowledged roll, when the Cherokees say, these people have included are members?

Mr. SMITH. We do, Mr. Chairman, but we also understand the

criteria by which they evaluate an application for membership.

Senator CAMPBELL. Would the Bureau’s opposition change if provisions were made in the bill that would provide a roll for the Bureau?

Mr. SMITH. I understand we do have membership lists for the petitioners. But I think we would want to take this under consideration, before we gave you an exact answer.

Senator CAMPBELL. But you are talking rolls, and it just would

seem to me, if the bill was amended to provide the Bureau with

the ability to assist the tribes, to help establish the membership

rolls, you might view that a little more favorably.

Mr. SMITH. I believe that would go a long way, Mr. Chairman.

Senator CAMPBELL. The same might be said of their service

areas; determining the service areas?

Mr. SMITH. Yes, Mr. Chairman.

Senator CAMPBELL. Well, I would like to yield to my friend and

colleague, Senator Allen, if he has some questions. But thank you

very much, Mr. Smith, I appreciate your being here.

Mr. SMITH. Thank you.

Senator ALLEN. Thank you, Senator Campbell, and thank you for

your outstanding questions, many of which I was going to propound

myself. Obviously, you have done a great deal of research into this

matter; and in particular, these tribes in Virginia.

Senator CAMPBELL. I have got an outstanding staff.

Senator ALLEN. Well, I thank your staff, but I thank you also for

reading what your staff did.

Senator CAMPBELL. Do I ever. [Laughter.]

Senator ALLEN. That shows a great deal of care and important

leadership on this matter; and I thank Mr. Smith and Mr. Fleming

for being here.

Senator Campbell asked you questions on overlapping service

areas. I want to make sure your testimony is clear that there are

other Indian tribes in the United States that have overlapping

service areas. Is that correct?

Mr. SMITH. Yes, sir.

Senator ALLEN. So that, in itself, is not a fatal flaw in their application for recognition, is it?

Mr. SMITH. No; it is not. We merely wanted to be clear on what

jurisdiction each tribe was wanting to establish; and the service

area, in many cases, is smaller than the jurisdiction, as we see it.
67

For one tribe, it is quite large, a 150-mile radius, which seems

somewhat unreasonable. But these are things that can be worked

out.

Senator ALLEN. I would also ask you, as a matter of law, while

the Department of Interior and your organization, that has a very

difficult job, apparently may be under-staffed and so forth, by law,

Congress can act and give recognition to Indian tribes. Is that not

correct?

Mr. SMITH. Yes, sir; we recognize that Congress has that authority.

Senator ALLEN. And has that authority been exercised in the last

10 years?

Mr. SMITH. Yes, sir.

Senator ALLEN. Now Senator Campbell asked a question, that let

us assume that we are not able to get this bill passed by the Senate and the House in the next week or so. Are there any changes

that could be made to this legislation that has been proffered here,

that is the basis of this hearing; any changes next year that would

get your agency to support that legislation? Is that at all possible?

Mr. SMITH. I think, again, we would want to take that under advisement. I think we would want to speak to our front office, the

Assistant Secretary and the Deputy Assistant Secretary, and assure that, you know, if we were going to make any recommendation

the proposed legislation, that this would be something that the Administration would support.

But I think we could surely take a look at the legislation and see

where we might be able to make some recommendations for improvement.

Senator ALLEN. Well, I understand your desire to follow the

chain of command and not make commitments. But I think if the

Branch of Acknowledgment and Research would have any constructive suggestions that could, if nothing else, have you not oppose it,

that would be helpful, and we will certainly work with you on it.

Mr. SMITH. I understand.

Senator ALLEN. And I understand your position, as well, here. Do

you have any knowledge, either you, Mr. Fleming, or Mr. Smith,

of the Department of the Interior ever supporting Congressional action on recognition of an Indian tribe? I know Congress has acted

on rare circumstances. Do you know if you all supported that legislation?

Mr. SMITH. I believe we have supported legislation, in particular,

when it was restoration of tribes. But we also had a tribe, and I

believe it was in Michigan, where a Chippewa was legislatively recognized, and we supported that legislation, as well. That would

have been in 1988.

Senator ALLEN. It was be great if you would that in 2002 or

2003, as well. The Chippewa probably already, though, were a recognized tribe, and this was just another branch of the Chippewa,

if you know?

Mr. SMITH. Well, there are many bands of Chippewa.

Senator ALLEN. Right.

Mr. SMITH. But this tribe, in particular, was not recognized until

that legislation passed.
68

Senator ALLEN. For the record, the two other Indian tribes in

Virginia, which have had long-time recognition by Virginia, by the

King of England, do support this legislation. So there is no opposition from those other tribes.

And I would ask Mr. Smith, as you were reading through the criteria, and Senator Campbell alluded to it in one of his questions,

when you go through all these requirements and recordkeeping,

and Senator Campbell alluded to it again and I had it in my opening testimony, the Racial Integrity Act of 1929, in Virginia, do you

recognize how devastating that was for the identity of individuals,

when you are trying to have a continuity of Heritage and culture,

that mothers and fathers could not even name their children whatever the Indian name might be? If they did, they would not let

them take them home from the hospital.

The fact that they were not even recognized as Indians, but because of the Racial Integrity Laws, these oppressive laws had them

as another race. That action, in 1924, that was continued on for

decades, made it very difficult for someone to identify who was actually of that tribe, much less even an Indian of any tribe.

That sort of imposition of Government, and the stigmatizing, and

the wrongful action makes it very difficult, and it is just remarkable that there is even this interest now in this long-overdue recognize.

Do you recognize how difficult that is to maintain a culture, a

heritage, your family bloodlines, as well as the cost and the difficulty of having to hire genealogists, historians, anthropologists, to

ensure proper documentation requirements? Do you recognize how

very difficult that is, in these particular tribes’ circumstances in

Virginia?

It is not because of the Federal Government, but because on the

onerous, awful actions of the State Government, decades ago; and

it lasted for generations.

Mr. SMITH. Yes, Senator Allen; I agree with that you are saying

and I understand what your saying. This has happened in other

parts of the country, as well. There is a dark history in many

states. I do not think we would want to get into an argument about

whether or not there were historical tribes in Virginia. We know

there were.

We want to assure you though, that the Indian people, and we

know there are Indian people in Virginia, are the tribes that they

say they are. That is the documentation, the analysis, the evaluation that we have to go through.

Some of the things you are saying, I personally have been the

brunt of some of these kinds of things, the discrimination in growing up and now being allowed to practice my heritage, my culture,

my language, my tradition. I know what you are saying, sir.

Senator ALLEN. Well, Mr. Chairman, Senator Campbell, I do

want to work with you on this. I realize that you have a very difficult job. Your role and your duty, when you take your job, is to

uphold the laws and the institutional aspects of your department

and your Bureaus.

I want to make sure that there is justice. I do not blame you.

Some things are bureaucratic and very difficult. Some have an

easier situation to meet those requirements. Others, because of the
69

circumstances, just as a matter of equity, make it very difficult for

them to do so.

I am going to try and work as hard as I can, and I know I speak

for Senator Warner, as well, and Congressman Moran and Congresswoman Davis, that we think this is a matter of justice and a

matter of honor.

Again, when you determine the number of people who are actually involved here, it is a few thousand. There may be others meeting their criteria. It may get up to 4,000.

This is something that a great country can do. I aim to keep

working with you for these six tribes in Virginia, and I thank you.

Senator CAMPBELL. In the Bureau’s defense, I might tell my

friend from Virginia that these problems, I think, started clear

back with the Dawes Act, or maybe before, when the first rolls

were established.

Because we know for a fact that there were many non-Indians

that were put on the Indian rolls and, therefore, legally became Indians when they were not Indian by blood. Some of that was driven

by the opportunity to get in on something that might be free from

the Federal Government.

So since that time, they have been very, very careful, and I understand that. Because it was not at all difficult in those days, in

fact, just to get somebody to go down to the Bureau and tell them

that they were your cousin.

They could have blonde hair and blue eyes or whatever, you

know, and they could go down there if they said they were your

cousin and they were enrolled, you could be put on the roll, in some

cases, in those days. It was very easy.

Through the years, the department has tried to make it much

more detailed, and justifiably so. But the pendulum can swing from

too far to the other side, too, and that is my concern.

Senator ALLEN. Well, thank you, Senator Campbell; that is a

very good point. The fact that the Virginia Indians have been in

contact, other than the Indians that are, say, in New Mexico and

Arizona, who had contact with the Spanish; but the Indians in Virginia, other than those who have had contact in American with the

Spanish, or in some cases, the French, the ones in Virginia, with

the first permanent English settlement being in Jamestown in

1607, have had the longest interaction or contact with Europeans.

We all do know that eventually many Indians did assimilate into

society; and so naturally, the bloodlines are going to be diluted, to

so speak, to some extent.

But again, as Senator Campbell said, this why this is particularly pressing, for all Virginians; not just Virginia Indians, or those

who may be one-half Virginia Indian, and one-half French, one-half

Dutch, one-half Italian, or whatever fractions. I do not mean to

have it doubled or tripled.

But regardless, in 2007, there is going to be a major celebration

in recognition of the founding of Jamestown. Virginia Indians have

a very prominent role in that. Pocahontas and the Chief Powhatan,

all of those are so much a part of the founding of Virginia, and the

founding, really, of the cradle of democracy for America.

It is going to be very important that this recognition is for all

Virginians, with a showcasing of our Commonwealth and where we
70

started and where we have come. Of course, the Indian heritage is

much longer than 400 years, and that is part of the original inhabitance of Virginia.

So that is another reason that all Virginians are so unified, no

matter what their ethnic or racial background, unified in the recognition of these tribes, as indicated by the House and Senate General Assembly resolutions in support of this recognition. Thank

you.

Senator CAMPBELL. I have no further questions, but I may submit some to be answered in writing. Senator Inouye may also have

some questions that he may submit, if you could get back to us on

those.

Mr. SMITH. Yes, Mr. Chairman.

Senator CAMPBELL. All right, thank you.

Mr. SMITH. Mr. Chairman, could I just say one other thing?

Senator CAMPBELL. Please do.

Mr. SMITH. The issue you raised earlier, with regard to who the

members might be of a particular group, is a primary reason that

we would want the membership of these groups established and defined, prior to the passage of the bill.

Because in most cases, there is a provision to do this after the

tribes are recognized. So we want to have a basis for that base roll,

and that is primarily the reason that we want them to identify

their membership ahead of time.

Senator CAMPBELL. Yes; well, it is another subject for another

day. But you know that I have said a number of times, I think the

whole roll system is totally screwed up, very frankly.

When we did the hearings some years ago, on trying to revise the

Indian Arts and Crafts Act, to determine what is actually made by

an Indian artist, boy, we had some of the most unusual testimony

that convoluted the whole question more than you could have ever

imagined.

We had one guy that was eight-eighths Indian. He was 100 percent Indian. But because he was eight-eighths, and every tribe he

identified with had a blood quantum of one-fourth or more, he

could not get on anybody’s roll. So by law, he could not be on anybody’s tribe, but he was Indian.

We had another one testify that because of the way the Hopi

rolls are set up, you can only be enrolled if the Indian lineage

comes from your mother’s side and not your father’s side.

So you could be Indian and something else, but if your mom was

Indian, you could be enrolled as a Hopi; and if your dad was the

Hopi, you could not be enrolled. I mean, it is just one big mess, and

we deal with it all the time here.

We will now move on to the next panel, which will be the Honorable Ken Adams, the Chief of the Upper Mattaponi Indian Tribe

of King William; the Reverend Jonathan Barton of the Virginia

Council of Churches; and Dr. Danielle Moretti-Langholtz, Department of Anthropology, from the College of William and Mary.

As I mentioned with the first panel testifying, if you would like

to submit all of your testimony for the record, that will be included;

and if you would like to abbreviate or depart from your written testimony, that will be fine.

Chief Adams, please proceed.
71

STATEMENT OF KEN ADAMS, CHIEF, UPPER MATTAPONI INDIAN TRIBE INDIAN TRIBE OF VIRGINIA, ACCOMPANIED BY

CHIEF ADKINS, CHICKHOMINY TRIBE; CHIEF BRADBY, EASTERN CHICKAHOMINY TRIBE; CHIEF BRANHAM, MONACAN

TRIBE; CHIEF BASS, NANSEMOND TRIBE; AND CHIEF RICHARDSON, RAPPAHANNOCK TRIBE

Mr. ADAMS. Good morning, Mr. Chairman. I am Kenneth Adams,

Chief of the Upper Mattaponi Indian Tribe. I ask your permission

to revise and extend my comments.

Senator CAMPBELL. Without objection, your complete comments

will be included in the record, both written and spoken.

Mr. ADAMS. With me today are Chief Adkins, Chickahominy;

Chief Bradby, Eastern Chickahominy; Chief Branham, Monacan;

Chief Bass, Nansemond; and Chief Richardson, Rappahannock.

Senator CAMPBELL. Where up are they; if they could raise their

hands, so I could just pick them out?

[Show of hands.]

Senator CAMPBELL. Okay, they are right in the front row, thank

you.

Mr. ADAMS. We are the proud descendants of the keepers of this

great land when the English colonists arrived in 1607. The Peace

Treaty of 1677 established the governing authority of the

Pamunkey Queen and the Monacan Chief over our ancestors. We

are the direct descendants of those colonial tribes, which occupied

over 200 villages and towns.

Today, these nations have come together to ask the Congress of

these United States to acknowledge our one-on-one relationship

with the Government of this Nation.

Chief Justice John Marshall, in 1832 stated:

The Constitution, by declaring those treaties already made, as well as those to

be made, the Supreme Law of the Land, has adopted and sanctioned the previous

treaties made with Indian Nations.

Each of these great chiefs carry in their hearts many burdens of

our people. I cannot express for them the sorrows they have endured. But I can express to you a sample of what we have all endured.

When I was a child growing up in King William County, Virginia, high school education for Indians was almost nil. Even before

I entered grade school, my older brothers and sisters were being

sent off to Oklahoma and Michigan to complete high school. I was

the first Indian to graduate from King William High School in

1965.

Myself in 1967, and my brother in 1968, served in Vietnam.

Shortly afterwards, I went to visit my brother. It was like walking

into the house of a stranger.

It was not because of any experiences in Vietnam. It was because

of the policies of the State of Virginia. It was the policy that forced

him from home in order to seek a high school education. What was

his response to that policy? His response was to put his life on the

line for the United States of America.

I can surely tell you today, in these individual tribes, there are

many more stores like this one. I can say, with 100 percent certainty, when it comes to defending this homeland, Virginia Indians

have split their blood.
72

You might ask us, why do you come now? We have an answer.

For almost 400 years, Virginia attempted to diminish our presence.

After 1700, we were pushed onto increasingly smaller pieces of

land, and by the mid-1900’s, Virginia was attempting to document

us out of existence.

The fight to maintain our identity was a struggle. Our mothers

and fathers fought well, but they lacked education and resources.

They had been told on several occasions, no help from the Federal

Government was available.

In 1946, one of the chiefs attempted to obtain high school educational resources through the Office of Indian Affairs. The only

help offered was in the form of education at a Federal boarding

school. Nothing was available in Virginia; 2 years earlier, that

same chief had lost a grandson in the Philippines.

If the State Government was attempting to deny our existence,

and the Federal Government provided little assistance, where could

these people possibly go? Who could they possibly turn to? That is

the main reason that it has taken us to long to get here.

Virginia has recognized its errors. Along with S. 2694, sponsored

by Senators Allen and Warner, Virginia Representatives Moran

and Davis have introduced H.R. 2345, granting Federal acknowledgment to these six tribes.

In 1999, the Virginia General Assembly passed a resolution with

overwhelming support, asking for Congressional recognition of

these tribes. King William County, home of the Upper Mattaponi,

has passed a unanimous resolution in favor of Federal acknowledgment.

We have the support of the majority of the Virginia Congressmen

and women. As you can see, we have overwhelming support from

the Commonwealth of Virginia.

Now the U.S. Congress has the opportunity to make a historical

change, a positive change that would bring honor to you, as well

as honor to ourselves. We ask you to make the right decision, and

support this bill for Federal acknowledgment of Virginia Indians.

[Prepared statement of Mr. Adams appears in appendix.]

Senator CAMPBELL. Thank you, Chief; we will have some questions for you in just 1 moment. Let us go on to Reverend Barton.

STATEMENT OF REVEREND JONATHAN M. BARTON, VIRGINIA

COUNCIL OF CHURCHES

Mr. BARTON. Good morning, Mr. Chairman and members of the

Senate Committee on Indian Affairs. My name is Jonathan Barton,

and I am the general minister for the Virginia Council of Churches.

I would like to thank you for the opportunity today to speak. I

would ask your permission to revise and extend my comments.

Senator CAMPBELL. So granted.

Mr. BARTON. I would also like to express my deep appreciation

to Senator George Allen for his continued leadership in this, and

his efforts in sponsorship of this bill; and to Senator John Warner

for his cosponsorship; and to all the other members of the Virginia

Delegation, who have come to support this effort.

To the members of the six tribes gathered today, you do indeed

continue to honor the Virginia Council of Churches greatly by this

invitation to walk with you, as you seek Federal recognition and
73

acknowledgment. We stand with you today in support of the

Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition

Act of 2002, S. 2694.

Two weeks ago, before the House Committee on Resources, I

made a public apology for any acts of injustice that the Council

may have been complicit or complacent in during the past. This

apology was sincere then; it is sincere today; and it expresses a

hope for our continued walk into the future together.

The Virginia Council of Churches is the combined effort of 34

governing bodies of 16 different communions in the Commonwealth

of Virginia. A list of our member denominations has been appended

with my written comments. I also have appended letters from various religious leaders across the Commonwealth, urging the support for this bill. Together, we include one out of every five Virginians.

During our 58 year history, we have always stood for fairness,

justice, and dignity of all people. We are one of the first fully integrated bodies in the Commonwealth of Virginia, and we have been

for our entire history.

We stand here today in that faith, and we are grounded in our

history and our values. The churches have a relationship with

these tribes, and have had ever since our first European ancestors

arrived and were welcomed by the ancestors of these men and

women here today.

These tribes have developed very close ties with the Episcopal

Church, the Baptist Church, the United Methodist Church, and the

Assembly of God. Three of our outstanding religious leader executives in the Commonwealth of Virginia are Native American: The

Reverend Dr. Wasena Wright, the Right Reverend Carol Joy Gallagher, and the Reverend Dr. Cessar Scott.

Alexander Hamilton stated in 1775:

The sacred rights of mankind are not to be rummaged for among old parchments

or musty records. They are written, as with a sunbeam in the whole of the volume

of human nature, by the hand of the divinity itself, and can never be erased or obscured by mortal power.

What we are addressing here today are sacred rights; the sacred

rights of these six tribes. Our history has not always been marked

by peace or by understanding. Treaties, indeed, have been broken

and land has been taken. There is suspicion and mistrust still on

both sides.

But there is perhaps no deeper wound you can inflict on a person

than to rob them of their identity; to relegate them to a box

marked ‘‘other’’; to proclaim, as we have done in Virginia during

the time of Mr. Plecker, that you do not exist.

Those who bear the legacy of their forefather, the first inhabitants of this great land, have suffered much in the way of discrimination, bigotry and injustice. In the past, they have been prevented

from employment and attendance in public schools. Churches have

often sought to fill some of these gaps.

But even as we have prevented their attendance in our classrooms, we have proudly placed their names on our school buildings.

We have taken their names and we have placed them on our roads,

on our towns, on our rivers. The discrimination that they have suf-
74

fered has not only erased their identity, but it has also robbed

them of their voice.

These tribes have proudly served this Nation, even as this Nation has turned its back on them. These tribes are here today to

humbly ask nothing more than to have their identity acknowledged, to be recognized for who they are and the contributions that

they have made.

You can make this possible, so that the healing of the deep

wounds that have been inflicted might finally be realized. Our

state legislature has spoken. The people of Virginia have spoken,

and they are behind the unity of the six tribes, as they seek this

acknowledgment.

Senator George Allen, you, in introducing this bill in the Senate,

have said that:

It is important that we give Federal recognition to these proud Virginia tribes,

so that they can be honored in the manner that they deserve.

You went on to say that:

There is absolutely no reason why American Indian tribes in Virginia should not

share the same benefits that so many Indian tribes around the country enjoy.

God has smiled on these people and called them by name. God

has blessed them, and God will recognize them, for as long as the

sky is blue, and even on those days when it should turn gray.

God will be there as long as the grass is green and when the

grass turns brown. For as long as the water shall flow and the cold

winter days when it freezes over, God will be with them. It is now

time for the United States Congress to do the same. Thank you,

sir.

[Prepared statement of Mr. Barton appears in appendix.]

Senator CAMPBELL. Well, before I go on, let me tell you, Reverend Barton, that was a very, very nice statement. The history of

non-Indian religions and traditional Indian people has been very

rocky in this country, as you probably know.

There is even a story among Indians that every Indian who has

been around a reservation has heard. It is, the missionaries came

to do good, and they did very well.

It is used by Native Hawaiians, too, which means some of them

came with ulterior motives. That was to get you to forget your history, forget your family, forget your traditions, forget everything,

and become non-Indians in brown skin.

It is nice to see that religions are finally recognizing the rights

and fairness to traditional people. Thank you for that statement.

Dr. Moretti-Langholtz, if you would go on, and then we will finish up with Chief Adkins.

STATEMENT OF DANIELLE MORETTI-LANGHOLTZ, DEPARTMENT OF ANTHROPOLOGY, COLLEGE OF WILLIAM AND

MARY

Ms. MORETTI-LANGHOLTZ. Thank you, Senator Campbell, Senator

Allen, members of the committee and guests. I am Dr. Danielle

Moretti-Langholtz, Coordinator of the American Indian Resource

Center at the College of William and Mary. Thank you for the opportunity to address you on this important issue.

For the record, scholarly statements have also been submitted by

Dr. Helen Rountree and Edward Ragan.
75

Senator CAMPBELL. Those will be included in the record.

Ms. MORETTI-LANGHOLTZ. Thank you, sir.

The history of Virginia’s indigenous population is uniquely intertwined with the history and founding of the United States of America. Widely known is the story of Chief Powhatan and his daughter

Pocahontas, and the role they played in assisting the first English

speaking settlers at Jamestown during the 17th century.

Less widely known is what became of Virginia’s indigenous population, and their struggle for the survival of their culture, communities, and identity, during the intervening 4 centuries.

At the time of English colonization, Virginia’s coastal plain was

occupied by a paramount chiefdom of Algonquian-speaking tribes;

and its Piedmont by alliances of Siouan-speaking tribes.

There are both archaeological evidence and historical documents,

such as this document that I would draw your attention to, which

is this copy of John Smith’s 1612 map.

These documents indicate that Native peoples were sedentary

horticulturalists, growing corn with highly organized political

structures, that included male and female chiefs. The current Rappahannock chief, G. Anne Richardson, who is with us today, is an

example of that continuing tradition.

The rapid English settlement of Virginia resulted in a demographic change in favor of the colonists, as the economic life of the

colony shifted towards growing tobacco. The tribes were signatories

to 17th century colonial treaties, which established reservations for

some of the tribes.

By 1700, the tribes occupied small pieces of the traditional homelands, and all but two lost control of the reservation lands by the

early 1800’s. Virginia Indians came under increasing pressure to

conform outwardly to non-Indian society.

Many Virginia Indians converted to Christianity during the period known as the Great Awakening. Over time, Virginia enacted

increasingly strict codes pertaining to slavery and racial identity.

Virginia Indians developed strategies to survive in this raciallyhostile climate by withdrawing into close-knit communities and

maintaining separate tribal identities. Historical documentation

from this period highlights the pressures on Virginia Indians as the

state regularly manipulated the definitions of Negro, Mullatto, Indian, and free persons of color, to maintain white control over nonwhite persons.

The emergence of the Eugenics Movement in the 20th century is

arguably the most trying period of all for Virginia Indians. The

passage of Virginia’s Racial Integrity Law in 1924 forced all segments of the population to be registered at birth in one of two categories: white or colored. The latter category was mandated for all

non-white persons, regardless of race or ethnicity.

This legislation was engineered by Dr. Walter Plecker, head of

the Bureau of Vital Statistics in Richmond, and made it illegal for

individuals to correctly identify themselves as Virginia Indians.

The racial designations on birth records of many Native persons

were changed from Indian to the generic non-white category of colored, without their consent. This experience is unique to the Virginia Indian community. The Racial Integrity Law remained in effect until its repeal by the U.S. Supreme Court in Loving v. Loving.
76

Scholars have documented that during these years, Virginia Indians maintained their tribal structures, and refused to give up their

Indian identity.

Between 1983 and 1989, the Commonwealth of Virginia granted

State recognition to the six tribes whose leaders are here today,

thereby acknowledging the tribes’ historical importance, contributions, and continued presence in the state, since the time of the colonial encounter.

In 1999, the Virginia legislature passed House Joint Resolution

Number 754, asking the Congress of the United States to extend

Federal recognition to these tribes.

The scholarly community represented here supports this request,

based on the specific criteria for Federal recognition and the documented history of these tribes.

These Indians have maintained a separate identity as Indians

since the time of European colonization, and their shared experienced has forged in them a sense of solidarity.

Mr. Chairman, they have waited long enough for Federal recognition. Please support the extension of Federal recognition to

these six tribes. As 2007 approaches, it is time to set the historical

record straight. Thank you.

[Prepared statement of Ms. Moretti-Langholtz appears in appendix.]

Senator CAMPBELL. Thank you, Doctor; I might tell you just a

few weeks ago, several of us spent some time in Africa. One of the

countries we visited was South Africa. We went to Robin Island,

where Nelson Mandela spent almost 3 decades of his life.

I am struck with the similarity with the Apartheid, that happened just a few years ago in Africa. Really, what many American

Indians went through, it is like an American Apartheid, in some

cases.

Ms. MORETTI-LANGHOLTZ. If I may say, Mr. Chairman, in fact,

you are absolutely correct. What you are seeing in both instances

are the effects of the Eugenics Movement that became popular, or

shall we say, active, in particular areas of the world, and also Nazi

Germany, unfortunately, to some extent, with this legislation, in

the Commonwealth of Virginia.

It is not a good history. I do not think anyone here seeks to beat

up upon Virginia or the state. But this is a question, as I think was

really accurately described by Senator Allen. It is really not about

benefits or getting something. It is about setting the historical

record straight.

Senator CAMPBELL. Thank you for your testimony.

Chief Adkins, I am sorry that your name was not on the original

list that I got for testimony.

Mr. ADKINS. That is quite all right.

Senator CAMPBELL. But we would be honored to hear your statement.

STATEMENT OF STEPHEN R. ADKINS, CHIEF, CHICKAHOMINY

INDIAN TRIBE OF VIRGINIA

Mr. ADKINS. Senator Campbell, Senator Allen, staff members, I

thank you for the opportunity to address you today.
77

This moment in time is significant to Virginia Indian tribes because it provides a forum for us to bring our unique situation to

the attention of the legislature of the greatest country in the world.

I come to you today, bringing the spirit and will of our forebears.

Our presence here, combined with your willingness to listen to our

story, contrasts sharply with the environment of fear and mistrust

in which my father and his peers fought to preserve and maintain

our heritage.

The environment in which our immediate forebears and our ancestors, several generations removed, found themselves was

fraught with turmoil, anguish, and despair.

In the early years after European contact, Virginia Indians fell

victim to disease and superior weapons of death. In addition, they

were displaced from their ancestral lands. Yet even against those

circumstances, the Virginia Indians prevailed and maintained their

heritage.

Much of the testimony you have heard today has addressed in

detail some of the points that I previously mentioned. I would like

to share with you some of the very real and painful memories that

our people have of our struggle to maintain and share our heritage.

Sadly, I must admit, I do have relatives who chose to live their

lives as black or white, versus claiming their true identity and its

attendant hardships.

However, today, I bear no ill will to those folks, because they did

what they felt they had to do to survive. I am here today to testify

that life should be about more than just survival. Life should include being able to live and share one’s heritage with pride and

honor.

My father and his peers lived during the Plecker years, and carried those scars to their graves. When I approached them regarding

our need for state recognition, they pushed back very strongly. In

unison, they said, ‘‘Let sleeping dogs lie, and do not rock the boat.’’

Their fears of reprisal against those folks who had risked

marrying in Virginia, and whose birth records accurately reflected

their identity, outweighed their desire to openly pursue any form

of recognition. Those fears were not unfounded, because the threat

of fines or jail time was very real to those Virginia Indians.

When you look through family photo albums of my parent’s generation and those generations preceding them, some photos and

mementos are conspicuously absent. You will not see pictures of

students receiving high school or college diplomas. You will not see

wedding pictures taken at the local church. You will not see pictures of high school cheerleaders. You will not see pictures of

homecoming games or high school proms.

The reason so many things people take for granted were missing

in the lives of my ancestors, those memories and family treasurers

of our forbearers was not one of choice, but one of survival.

To claim your identity was to put you and your family at risk.

If you were Indian, claiming that identity precluded your enrollment in high school or college. There was no place for an Indian

in a State that recognized only two races: white and colored.

So what did you see when you looked in the aforementioned albums or on the living room walls of our forebears? You saw pic-
78

tures of Indian powwows and festivals held on tribal grounds. You

saw pictures of church socials and homecomings.

On the walls, you saw pictures of servicemen, certificates of baptism, bronze stars, purple hearts, honorable discharge certificates;

and sometimes, you saw U.S. flags, which were presented to those

families whose son or daughter lost their life in service to this

country.

You saw photos that revealed the tenacious, unflagging will of

our forebears to maintain their heritage, in spite of the undue

hardships that the State of Virginia imposed upon them, both

through legislative action and the bureaucratic actions of Walter

Plecker.

As a member of the Charles City County School Board, I was

made aware of the Title IX Indian Education Program. There were

several criteria to be met to participate in this program.

One criterion was state recognition. Pushed by the need to allow

the Indian students within the country to experience this learning

environment, several of the younger tribal members forged ahead

with the recognition process.

We engaged scholars, historians, and others to research and compile data supporting our Indian identity. I remind you, this action

was contrary to the counsel we had been given by many of the elders of our tribe.

We, the Chickahominy Tribe, advised other Virginia Indian

tribes of our efforts around state recognition, and the Eastern

Chickahominy, Upper Mattaponi, and Rappahannock Tribes, joined

in our effort.

As you might expect, the elders of those tribes expressed fear

and concern regarding stirring up all of the old wounds and painful

memories that they were sure would surface in our quest for state

recognition.

The State Legislature heard our case, and granted the aforementioned tribes recognition in 1983. In addition, the legislature created the Virginia Commission on Indians. Later, the Monacan and

Nansemond Tribes applied for and were granted state recognition.

The question of why did we wait so long to seek Federal recognition is posed to us quite frequently. The recognition accorded to the

Virginia tribes by the Commonwealth in 1983, coupled with the

creation of the Virginia Commission on Indians, followed by the

legislative action of the Allen administration, created a climate conducive to the next logical step, which was the quest for Federal recognition.

The cloud hanging over our heads at the Bureau of Vital Statistics, where we were written out of existence, posed a serious threat

to what we perceived as a viable chance at being heard at the Federal level.

With the removal of that obstacle, the vision became more focused and, in fact, crystal clear; Federal recognition and sovereignty must be sought.

To be constrained by rules and regulations promulgated by a reputed confidant of Hitler was both stifling and dehumanizing. However, even from that experience, the Virginia tribes found a silver

lining. Our trials bound us closer together as members of the total
79

Indian population in general, and as members of our respective

tribes, in particular.

The treatment that Virginia Indians endured over the years

caused them to seek strength from each other and live as communities. Ironically, that satisfies the criterion for administrative Federal recognition, that speaks to documentation supporting the fact

that Indian people lived as a community or a tribe for the last 100

years.

For example, in the case of the Chickahominy Tribe, we have

documented minutes from our tribal meetings dating back to 1901,

all history preceding that. In addition, we have in place rules of

governance, a membership roll, and a constitution.

These systems were put in place to let succeeding generations

know their heritage, and to provide accurate records to the tribal

members, versus the altered documents provided by the state. The

other Virginia tribes have similar systems in place for the same

reasons.

Another question we are asked is, ‘‘Why did you choose Congressional recognition, versus administrative recognition?’’ The answer

is two-fold.

The tribes felt they were denied the option to seek administrative

Federal recognition because of the non-creation and destruction of

accurate birth records at the state level. When this issue was finally resolved, we took another look at where we were, and determined that an oversight at both the Federal and State Government

levels contributed to our lack of recognition.

The Commonwealth of Virginia, through its legislature, heard

our call and took corrective action. We felt an appeal to the legislative body of the United States of America would be both consistent

with what we did at the state level, and would be the right way

to make our case for Federal recognition.

In addition, we feel our approach to Federal recognition has the

blessing of both the opinion of the late Chief Justice John Marshall

and the Constitution of the United States of America.

I thank God I have lived long enough to see a racial designation

for Indian on college application forms in Virginia. This was not

the case when I served on the board of a local community college

in the 1990s, or when I took a computer class at one of the local

community colleges.

I am thankful to be a part of this hearing today. I regret our

forebears did not live to see the action that the Commonwealth of

Virginia took to correct the records at the Bureau of Vital Statistics

during Governor Allen’s administration.

I wish they could see what is unfolding here today. However, I

know as surely as I am sitting here today, that the Almighty Father has welcomed my people home and duly recognized them as

the Indian people he created.

Today, I humbly ask you to do likewise; welcome us back to our

Native Land, recognize us as indigenous Virginia Indian Tribes,

and restore our identities as Sovereign Nations. Thank you.

Senator CAMPBELL. Thank you, your comments were well received, Chief Adkins.

Let me ask you, you are familiar with the word ‘‘pass,’’ as it was

used in my age group? And it was used by both the Indian groups
80

and African Americans, years ago. You spoke of discrimination and

prosecution, and all of the other things that people of color faced

in those years. Are you familiar with that phrase?

Mr. ADKINS. I am very familiar with that. I have relatives who

passed for white or colored.

Senator CAMPBELL. For those who do not know what it means,

it meant that within your own culture and your own relatives, you

were known to be Indian or African American.

But on the outside, some people would say they were not Indian,

or they were not African American. They were something else, because they found it would be a little bit easier lifestyle. There

would not be quite as much discrimination. So that word was used.

They passed as something else. You are familiar with that?

Mr. ADKINS. I am very familiar with that.

Senator CAMPBELL. I grew up in those days, too.

Mr. ADKINS. And that is what I was alluding to, in that comment.

Senator CAMPBELL. Yes; well, that is why I asked.

Let me ask you several questions. You both have the title of

Chief. Is that an elected title within your tribe?

Mr. ADAMS. Each tribe has its own way of electing their chiefs.

I, personally, was elected years ago to be Chief of the Upper

Mattaponi Indian Tribe.

Senator CAMPBELL. How do you determine who does the electing?

Is it done with just an open ballot, or how do you do that?

Mr. ADAMS. What happens is, we go through a nomination process. Once the nomination process is complete and the nomination

process is over, a couple months later, we have a formal election.

Senator CAMPBELL. And you have tribal councils too, as most recognized tribes do?

Mr. ADAMS. Yes, sir.

Senator CAMPBELL. I know that a lot of the tribes who seek recognition were literally forced to abandon their traditional ways and

beliefs.

In your two tribal groups, Chief Adkins and Adams, do you still

have some degree of semblance of historic cultural things like

dance and dress and language and story of creation, and things of

that nature, that most tribal groups do?

Mr. ADKINS. Yes; we have the traditional dances. We have the

Woodland Indians’ dress. It is not as flashy as some of the western

tribes, but it is our traditional dress; and we have oral history that

has been passed down.

We have our kids, the Chickahominy kids. We are going to the

tribal center every Saturday, and we would just kind of take that

time, outside of the normal school hours, to just educate them on

their ancestry, on what being Chickahominy is all about.

Senator CAMPBELL. Has your language pretty much been lost?

Mr. ADKINS. It is pretty much lost. That, too, was by design, as

you know.

Senator CAMPBELL. Yes; by design and by force; I understand.

Two tribes were not included. Do you have any knowledge of why

they did not want to be included, Chief Adams or Adkins, either

one?
81

Mr. ADAMS. I believe, sir, that each individual tribe, has its own

agenda for inclusion or exclusion in certain things that they do. I

do not believe that I can speak for those individual tribes.

Senator CAMPBELL. Of the eight, I understand two have reservations and six do not. Is that correct?

Mr. ADAMS. Right, yes, sir.

Senator CAMPBELL. Are the two that did not want to be included

the two that do have some reservation ground?

Mr. ADAMS. Yes; but I would add they do support our efforts and

lock step with us.

Senator CAMPBELL. I would ask both of you, too, what is your

membership criteria? Some are based on a lineal descendancy, and

others are based on blood quantum. How is your membership decided?

Mr. ADKINS. The Upper Mattaponi is based on lineal

descendancy, sir.

Mr. ADAMS. Mine is blood quantum.

Senator CAMPBELL. Blood quantum, what is the percentage?

Mr. ADAMS. One-fourth.

Senator CAMPBELL. Would you both be agreeable to having the

Bureau consult with you in clarifying your membership criteria,

and in helping you research those who may be eligible for membership?

Mr. ADKINS. I would welcome any assistance.

Mr. ADAMS. I would welcome that, also.

I would like to add, too, that there is a gentleman by the name

of Mitchell Push, who did work with the BIA for several years, and

I hope I am right about this, and he worked in that area. He has

actually come to our tribe and addressed us on that very issue, to

ensure that we do meet the criteria of the BIA.

Senator CAMPBELL. He is no longer in that area now?

Mr. ADAMS. He is not working with them now.

Senator CAMPBELL. Oh, I see.

Mr. ADAMS. He has consulted with us.

Senator CAMPBELL. Okay, and would that also apply to consulting with designation of a service area? Would you also agree to

having the Bureau help you with that?

Mr. ADAMS. I do not perceive a problem with that.

Mr. ADKINS. I do not, either. Again, I would consult my tribe, before making that decision. But I do not think they would register

any disapproval.

Senator CAMPBELL. Thank you, and let me go on to Dr. MorettiLangholtz. Did I pronounce your name right, ma’am?

Ms. MORETTI-LANGHOLTZ. Perfectly, sir.

Senator CAMPBELL. I take it, you have studied pretty extensively

the history of the six groups that are seeking recognition, or at

least your statement seemed to be very knowledgeable about them?

Is that correct?

Ms. MORETTI-LANGHOLTZ. Yes, sir; and there are other people

here with me in the room, who are also scholars of that area.

Senator CAMPBELL. Okay, what type of material and records

were considered by the Virginia legislature, when it decided on

State recognition?
82

Ms. MORETTI-LANGHOLTZ. Okay, my understanding, and I was

not in Virginia at that time, and Dr. Rountree is here and we can

ask her, but there lots of records that were county records and others that were consulted. May we ask her specifically?

Senator CAMPBELL. Well, yes, Dr. Rountree, where are you?

I am interested in establishing some credentials that you could

share with the committee, frankly.

Ms. MORETTI-LANGHOLTZ. Did you hear the question, for State

recognition, Helen?

Senator CAMPBELL. And would you identify yourself for the

record, please, ma’am?

STATEMENT OF HELEN ROUNDTREE, PROFESSOR EMERITUS

OF ANTHROPOLOGY, OLD DOMINION UNIVERSITY, VIRGINIA

Ms. ROUNTREE. I am Dr. Helen Rountree, Professor Emeritus of

Anthropology at Old Dominion University. I am also the author of

the book, ‘‘Pocahontas’ people of the Powhatan Indians of Virginia

Through Four Centuries.’’

I was one of the people who testified at the hearing in November

of 1982, for state recognition for four of the six tribes who are here

today.

The records that were consulted by me and by the people organizing the recognition effort consisted of various colonial records,

colonial government records such as the executive journals of the

Counsel of Colonial Virginia, and also a wide variety of county

records, which I had gone through and scoured myself, in preparation for writing the book.

By 1982, I had found practically all there is. Mr. Ragan has doubled-checked me in three of the counties since then, and he tells

me I got it right, which is kind of nice.

Senator CAMPBELL. That is more than we can say for us around

here. [Laughter.]

Ms. ROUNTREE. But we did a thorough look at both colonial level

and surviving county records.

Senator CAMPBELL. Would you make those materials, or at least

a summary of those documented materials available to the committee?

Ms. ROUNTREE. Yes; gladly.

Senator CAMPBELL. Okay, I would appreciate that.

Ms. ROUNTREE. We have already submitted it, as a matter of

fact; at least I drew it up for four of the tribes that I am doing now.

It is literally a list of everything that got recorded, from early colonial times, down to, I quit at 1900.

Senator CAMPBELL. Okay, I would appreciate it if you would do

that.

Ms. ROUNTREE. And that is in some of the thicker stacks of stuff

that I think you have been sent.

Senator CAMPBELL. Apparently, we do not have that on file; so

if you could at least give us a summary of that. I do not know who

you sent that to, but I am informed that we do not have that on

file.

Ms. ROUNTREE. All right, I will be glad to.

Senator CAMPBELL. Please, thank you very much; and Dr. Barton, let me go on with you, before I turn it over to Senator Allen.
83

I have to tell you, as I mentioned before, the history of churches

has not been good with traditional Americans; and I was very

pleased to see that you have been such a big help to them. I enjoyed your testimony very, very much.

Your council is against gaming. What would your position be, if

the tribes, pursuant to state law, as you understand IGRA and how

it is written, the Indian Gaming Regulatory Act, that the tribes

cannot game unless the States approve that, and unless they do

something comparable to the States? What would your position be

if they were to undertake gaming sometime in the future, even

though they have indicated they are not interested in that?

Mr. BARTON. I think parts of the council would be disappointed.

Some may feel a betrayal, particularly if it was the current elders

that were engaged in that.

But all would understand that those are their rights in Virginia,

the same as any other citizen, to pursue that development strategy.

Senator CAMPBELL. Well, this next one is kind of loaded, I guess.

But I know that bingo is a big thing with churches all over this

country as a fundraiser, and it is a form of gaming. Does your

church participate in bingo?

Mr. BARTON. Two of our members very clearly do. That would be

the Roman Catholic Diocese of Richmond and the Roman Catholic

Diocese of Arlington. Both are bingo supporters, and count on those

revenues for that.

I think they would probably not have a problem, if the tribes

were engaged in bingo. Other members of the council do not share

the same feeling, and would be vehemently opposed.

Senator CAMPBELL. Well, just for the record, I do not have a

problem with Indians and gaming, and I do not have a problem

with churches doing bingo; so more power to them.

Churches often have key documentation, and I asked Dr. Rountree if she could provide that for the committee. Do you have any

information or documentation that might help identify tribal members and tribal existence, that you could also supply to the committee?

Mr.BARTON. I do not have that directly in our archives, but I

would anticipate that the Diocese of Southern Virginia, in particular, as they get ready for their 400th anniversary of the church’s

arrival, would have some material, I am sure, that would be relevant. Also, I think probably the Baptist community would probably have information that we could give back, as well.

Senator CAMPBELL. If you or Dr. Moretti-Langholtz could find

anything of this supporting evidence, if you could turn that into the

committee, I would appreciate it.

Ms. MORETTI-LANGHOLTZ. Senator, actually, that is my current

research, and I would be happy to give you that information.

Senator CAMPBELL. Thank you, and I am sure Senator Inouye

would appreciate that, too.

Senator Allen, did you have some follow-up questions? I think I

have asked about all I have.

Senator ALLEN. You asked many of the questions that I was

going to ask, Senator Campbell. I want to thank you, again, for

your insightful questions, and it is good to see all these wonderful

individuals here.
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On the gambling matter, having gone through the voting for a

referendum allowing the lottery, when I was in the state legislature, I can vouch for the Council of Churches and all of those denominations being adamantly opposed to the lottery.

Mr. BARTON. Even the Roman Catholics were, at that point.

Senator ALLEN. Yes; that is even though they played bingo in

their churches. But regardless, I did vote for allowing the people

to decide, and even Mr. Jefferson said that the lottery is a wonderful thing, since it is a voluntary tax. I am not going to argue over

the lottery. But nevertheless, Virginia overwhelmingly had the lottery.

In the event that the Pamunkey or the Mattaponi or any of these

tribes seeking recognition now on any of their trust lands wanted

to have a lottery retail outlet, under Federal law, they would be

under the same laws and rights as would be any other Virginian;

and so they could have a lottery outlet.

In the event, though, that they wanted to have casino gambling,

they could not, under the Indian gaming regulations, as well as

this legislation, if it passes. Because in Virginia, casino gambling

is illegal.

There are reasons for that. Generally, it would be predatory on

other businesses, and it is not the desire of Virginians to have that,

at this time; and I cannot envision it at any time in the near future, at least, casino gambling.

But you could have bingo; you could have lottery. In fact, Virginia allows horse racing. The one gambling on horse racing track

in Virginia is not doing very well, and I cannot imagine that these

folks would want to lose money.

Senator CAMPBELL. Right, for most tribal groups traditionally,

gambling is a form of entertainment. In most tribes that I know

of, and you probably know, that they call them stick games and

hand games, out where we come from. It is very common, wagering, too.

Since I was baptized as a Catholic, as a youngster, I was in a

lot of trouble. I used to think that every Sunday, I was gambling

by just going to church. A little lightning came through the roof,

so I was all right. [Laughter.]

Please go ahead with your questions.

Senator ALLEN. Well, let me commend Dr. Moretti-Langholtz for

her statement here. Her whole statement is in the record.

I think it lays out the history here, an that for 44 years, until

the Loving v. Loving decision, which followed Loving v. Virginia,

which was striking down Virginia’s anti-miscegenation laws, where

someone, a couple of different races, went to Washington, DC to get

married, and Virginia would not recognize that. That is 44 years.

That is several generations.

Thank you for bringing your studies here. It is good to see also,

Dr. Rountree here. In Virginia, whenever there is a new Government office building in Richmond, they name it after a former

President.

They have gone through about seven of them. The next one, I

think, was going to be Woodrow Wilson. I said, no, let us name this

Government building after Pocahontas.
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We had a wonderful ceremony there, and I asked Dr. Rountree

to be the person to speak. So it was the first Government building

not named after a former President and, in fact, it was named after

a female, and after a Virginia Indian.

Dr. Rountree is highly respected in her research and her knowledge of the cultural anthropology and history of Indians, I guess,

until 1900; and Pocahontas is gone, so you are perfectly fine.

Ms. ROUNTREE. May I add something?

Senator ALLEN. You always may. I always learn from you.

Ms. ROUNTREE. This is really for Mr. Campbell. No, I want to

add something. Danielle and I are volunteer scholars. Neither of us

has ever been paid a penny for our work.

The Virginia tribes did not have to hire either one of us. We went

out and did it, anyway. That is why I consider myself to be the

Powhatan Tribes’ semi-tame anthropologist.

[Applause.]

Senator ALLEN. Well, I think that adds to the credibility and the

veracity of your research, and the positions and testimony that you

have before us and others on this matter. Thank you; I am glad

I brought that up.

Chief Adkins had mentioned, I believe, that the Chickahominy,

as far as the member criteria, that the Chickahominy had one

quarter Chickahominy blood. Is that right?

Mr. ADAMS. Quantum; yes, sir.

Senator ALLEN. Okay, well, Chief Adams, for the Upper

Mattaponi, what is your criteria?

Mr. ADAMS. First, it is linear descendancy. We use descendancy

for our membership criteria.

Senator ALLEN. Could you explain that further?

Senator CAMPBELL. It means as long as your mother and father

were on the roll, you could be put on the roll, regardless of whether

you are married outside or not. So the blood can get thinner and

thinner, as long as your parents are on the roll.

Senator ALLEN. Okay, can you speak for the other tribes, the

Nansemond or the Monacan; are they all similar?

Mr. ADAMS. They are here, if you would like to ask them.

Senator ALLEN. Well, I think, seeing how the Department of Interior people were asking for criteria, I think for the record here,

are any of the other chiefs are representatives of tribes?

Senator CAMPBELL. Come by the microphone, and identify yourself for the record, ma’am.

Ms. RICHARDSON. I am Chief Richardson of the Rappahannock

Tribe. Senator Allen, to answer your question, the Rappahannocks

do have a blood quantum criteria for our membership rolls, and it

is one quarter blood quantum, proven descent, of Rappahannock

lineage.

Senator ALLEN. Thank you, Chief; does somebody from the Monacan want to respond?

Mr. BRANHAM. My name is Kenneth Branham, and I am chief of

the Monacans. We do it by lineage, also.

Senator ALLEN. That is the same as the Upper Mattaponi?

Reverend BRANHAM. Yes.

Senator ALLEN. Thank you.
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Mr. BASS. I am Chief Bass of the Nansemond Tribe. We go strictly by genealogy descent. I would like to comment that we all have

those membership rolls on record with the BIA, in our petitions.

Senator ALLEN. Thank you, Chief Bass.

Mr. BRADBY. I am Chief Bradby of the Eastern Chickahominy.

We follow the lineal descent. Rather than putting blood quantum

on a particular person, we have found that regardless of what a

blood quantum was, we suffered the same discrimination acts

under Plecker, as anyone else did; regardless of what your blood

quantum was. So that is where we stand.

Just to go back a little bit, if you allow me this, when we went

for state recognition, then I was asked a question by one of the

Senators, if I wanted to join your tribe, how could I do that? I said

the easiest way is simply to be born into it. I think that pretty

much answered the question; but thank you.

Senator ALLEN. Thank you; I think we have covered all six. The

question of sovereignty, or mention of sovereignty, was mentioned

by the Chiefs and others here; and I think you speak for all the

tribes. What would be the actual impact of Federal recognition and

providing for your communities?

Mr. ADKINS. Senator Allen, when I look at the Chickahominys

specifically, I think if you were to look at our roll, and look at the

percentage of folks that are on public assistance, they would be statistically insignificant.

When we approach the state for recognition, and now the Federal

Government, what we are dealing with, basically, is just acknowledging to the world who we are. We are American Indians, recognized by the Federal Government.

There are things that would be attended to, to the recognition,

that would help us. The educational opportunities would be available to our youngsters are not necessarily freebies. But it would

open the door, so we would be in the cue to compete for those educational opportunities.

Obviously, health care for our older folks would be a consideration. That is a burden, even though they are carrying that load

today, that would help ease the strain on the elder folks within our

communities.

Senator ALLEN. Chief Adams, do you have anything you would

want to add to that?

Mr. ADKINS. I would like to read a brief statement, if I could, on

that.

Senator ALLEN. Please.

Mr. ADKINS. I played some games with myself, and one of the

questions I asked myself, and I have been asked this question

many times. It says, ‘‘Why do you seek recognition?’’

Every time the question has been asked of me, I think, depending on the circumstances, I provide a slightly different answer. But

I am going to read you this answer that I wrote down.

We are seeking recognition, because we believe we should be on equal standing

with over 500 other tribes in the United States.

With recognition comes more than just an official designation. It

means that we are acknowledged for our long-standing history, our

relationships with the colonists, the individual States, and the

United States of America. It is an affirmation that we are truly
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who we say we are; six individual and distinct tribal nations, and

the dignity that comes with that affirmation.

Senator ALLEN. Thank you, Chief; that was the testimony I was

hoping to have.

Chief Adkins, when you talk about the history, the very poor history, deplorable history of Virginia, on educational opportunities,

that you endured, and you were talking about your own family and

other Virginia Indians, I think the educational opportunities that

would be accorded to those; again, there are not many. It is just

a few thousand Virginia Indians, would they be treated the same

as those other Indians in those 500-plus other tribes?

I think that is something that is very important. It is very important that, again, this is not restitution; but it is making sure that

Virginia Indians finally, after hundreds of years in this country,

and hundreds of years since our independence and cessation from

Britain, are treated with the respect and the dignity and the opportunities of other American Indians, who have also been discriminated against, tortured, murdered, and deprived of their rights and

their lands.

Thank you both so much. I have no further questions, Senator

Campbell.

Senator CAMPBELL. I have no further questions, as well.

Senator ALLEN. I just want to say this. I have been through

many hearings. I have not been here very long. This was a very

touching hearing, from the comments of obviously the Chiefs of all

the various tribes, from the Council of Churches, from scholars.

I think that this Senate is so enriched and blessed to have you,

Senator Campbell; someone with the understanding and your experiences, to make us more cognizant, understanding, and sensitive

to matters that some of us have not experienced.

But your experiences, knowledge, and leadership are just truly

uplifting and beneficial to all the Senators, and I thank you for

your leadership.

Senator CAMPBELL. Well, I would tell you that I think Senator

Inouye has been a great leader and an inspiration to me, too, and

I know he will help as much as he can.

This is a little bit aside but, you know, we talk about recognition;

being recognized by the United States. In some circles in the Indians, it is not all that thrilling, because it is like an admission that

you are being recognized by somebody that tried to kill you and

took away your Government and so on.

That is why some people never, in the olden days, like in the

case of the Cherokees, they hid out in the hills. The ones that were

moved to Oklahoma left many behind, because they simply did not

want to be ‘‘recognized.’’ But perhaps a higher order is being recognized by the Creator, rather than just some form of Government.

You may not know, Senator, that Indian children are born with

a blue spot, right at the bottom of their spine. Even if the blood

gets thinner and thinner, clear down to a 16th, or in some cases,

even a 32nd, that little blue spot will be there. Traditional Indian

people believe that God put that spot there to remind them who

they are.

Thank you; I have no further questions, but we may submit some

follow-up questions for the record. If there is anyone in the audi-
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ence who wants to participate or add something to this hearing, we

will keep the record open for three weeks, as Senator Inouye mentioned, and I did, early on.

It is going to be pretty darn tough to move something like this

in the final few days. What we have done though, I think, is establish a good record and, hopefully, we can revisit this early in the

new Congress if we do not move it.

Ken, did you have a final comment that you wanted to make?

Mr. ADAMS. Yes; we do have other documentation that we would

like to submit to the committee. We do have a brief tribal history

that each of us has written for the committee, that we would like

to submit.

Senator CAMPBELL. Okay, if you would submit that, we will

make sure that that is in the record.

Mr. ADAMS. Thank you.

Senator CAMPBELL. We appreciate the attendance, and this hearing is adjourned.

[Whereupon, at 12 noon, the committee was adjourned, to reconvene at the call of the Chair.]
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APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF KENNETH ADAMS, CHIEF, UPPER MATTAPONI INDIAN TRIBE

Good morning, Mr. Chairman. I am Kenneth Adams, Chief of the Upper

Mattaponi Indian Tribe. With me today are Chief Adkins, Chief Bradby, Chief

Branham, Chief Bass, and Chief Richardson. We are the proud descendants of the

Keepers of this Great Land when the English Colonists arrived in 1607. The Peace

Treaty of 1677 established the Governing authority of the Pamunkey Queen and the

Monacan Chief over our ancestors. We are the direct descendants of those colonial

tribes. Today these nations have come together to ask the Congress of these United

States to acknowledge our one on one relationship with the government of this nation.

Chief Justice John Marshall in 1832 stated, the Constitution, by declaring those

treaties already made, as well as those to be made, the Supreme Law of the land,

has adopted and sanctioned the previous treaties made with the Indian Nations.

Each of these great Chiefs carry in their hearts many burdens of our people. I

cannot express for them the sorrows they have endured. But I can express to you

a sample of what we have all endured. When I was a child growing up in King William County, Virginia, high school education for Indians in the state was almost nil.

Even before I entered grade school, my older brothers and sisters were being sent

off to Oklahoma and Michigan to complete high school. I was the first Indian to

graduate from King William High School in 1965. Myself in 1967 and my brother

in 1968 served in Vietnam. Shortly afterwards, I went to visit my brother. It was

almost like walking in the house of a stranger. Not because of our experiences in

Viet Nam. It was because of the policies of the State of Virginia. It was the policy

that forced him from home in order to seek a high school education. And what was

his response to that policy? His response was to put his life on the line for the

United States of America. I can surely tell you today, in these individual tribes,

there are many more stories like this one. I can say with 100 percent certainty,

when it comes to defending this homeland, Virginia Indians have spilt their blood.

You might ask us, why do you come now? We have an answer. For almost 400 years,

Virginia attempted to diminish our presence. After 1700 we were pushed onto increasingly smaller pieces of land and by the mid 1900’s Virginia was attempting to

document us out of existence. The fight to maintain our identity was a struggle our

Mothers and Fathers fought well, but they lacked education and resources. They

had been told on several occasions no help from the Federal Government was available. In 1946 one of Chiefs attempted to obtain high school educational resources

through the Office of Indian Affairs. The only help offered was in the form of education at a Federal boarding school. No help was available in Virginia.

If the state government was attempting to deny our existence and the Federal

Government provided little assistance, where could these people possibly go? That

is why it has taken us so long to get here.

Virginia has recognized its errors. Along with bill H.R. 2345 sponsored by

Congresspersons Moran and Davis, Senator Allen, with the support of Senator Warner, has introduced S. 2964 granting Federal Acknowledgment to these six tribes.
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In 1999, the Virginia General Assembly passed a Resolution with over whelming

support asking for Congressional Recognition of these tribes. King William County,

Virginia, home of the Upper Mattaponi, also passed a resolution in favor of Federal

Acknowledgment. We have the support of the majority of the Virginia Congressmen

and Women. As you can see, we have overwhelming support from the Commonwealth of Virginia.

Now, the U.S. Congress has the opportunity to make a historical change. A positive change that would bring honor to you as well as honor to us.

We ask you to make the right decision and support this bill for Federal Acknowledgment of Virginia Indians.

PREPARED STATEMENT OF HON. JAMES P. MORAN, U.S. REPRESENTATIVE FROM

VIRGINIA

Good morning and thank you, Mr. Chairman.

I appreciate your willingness to hold this hearing and providing us with an opportunity to help tell the story of six of Virginia’s Native American tribes. The story

of these tribes is compelling, but I ask for more than your sympathetic ear. I also

ask for action on legislation (S. 2694) that Senators George Allen and John Warner

introduced, which is a companion to the bill Rep. Jo Ann Davis and I sponsored in

the House, to grant these tribes Federal recognition.

I ask that the Federal Government, starting with this distinguished Committee

on Indian Affairs, recognize the Chickahominy, the Eastern Chickahominy, the

Monacan, the Nansemond, the Rappahannock and the Upper Mattaponi Tribes.

These tribes exist, they have existed on a substantially continuous basis since before

the first western European settlers stepped foot in America; and, they are here with

us today.

I know there is great resistance from Congress to grant any Native American

tribe Federal recognition. And, I can appreciate how the issue of gambling and its

economic and moral dimensions have influenced many Members’ perspectives on

tribal recognition issues.

I think the circumstances and situation these tribes have endured and the legacy

they still confront today, however, outweigh these concerns. Congress has the power

to recognize these tribes. It has exercised this power in the past, and it should exercise this power again with respect to these six tribes.

Like much of our early history as a nation, the Virginia tribes were subdued,

pushed off their land, and, up through much of the 20th Century, denied full rights

as U.S. citizens. Despite their devastating loss of land and population, the Virginia

Indians successfully overcame years of racial discrimination that denied them equal

opportunities to pursue their education and preserve their cultural identity. That

story of survival doesn’t encompass decades, it spans centuries of racial hostility and

coercive State and State-sanctioned actions. Unlike most tribes that resisted encroachment and obtained Federal recognition when they signed peace treaties with

the Federal Government, Virginia’s six tribes signed their peace treaties with the

Kings of England. Most notable among these was the Treaty of 1677 between these

tribes and Charles II.

In more recent times, this racial hostility culminated with the enactment and brutal enforcement of Virginia’s Racial Integrity Act of 1924. This act empowered zealots, like Walter Plecker, a State official, to destroy records and reclassify in Orwellian fashion all non-whites as ‘‘colored.’’ To call yourself a ‘‘Native American’’ in Virginia was to risk a jail sentence of up to 1 year.

Imagine a married couple unable to obtain the release of their newborn child from

the hospital until they change their child’s ethnicity on the medical record to read

‘‘colored,’’ not ‘‘Native American.’’ Or, imagine being told that you have no right to

reclaim and bury your ancestors once you learn they were being stored in a museum

vault.

Or, imagine your frustration upon finding your legal efforts to appeal a local

water issue in Federal court because you’re told your suit has no standing since

your tribe doesn’t exist.

Or, imagine being told that the only reason you’re seeking Federal recognition is

to establish a gambling casino.

Or, imagine the Indian mission school that your grandparents and your parents

attended receiving Federal recognition as a historic landmark, but yet you and your

daughters and sons not recognized by the Federal Government as Native Americans.

Mr. Chairman, these are just a few of the examples of the indignities visited upon

the members of the six tribes present here today.
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I mention these indignities because they are part of a shameful legacy experienced in our lifetime. Some are indignities that are still visited upon members of

the tribes today.

More to the point, this legacy has also complicated these tribes’ quest for Federal

recognition, making it difficult to furnish corroborating state and official documents.

It wasn’t until 1997 when then Governor George Allen signed legislation directing

state agencies to correct state records that had deliberately been altered to list Virginia Indians on official state documents as ‘‘colored.’’ In recent years, the Virginia

tribes have filed their petitions with the Bureau of Indian Affairs. They have no

deep pockets and lack the financial means to rigorously pursue the lengthy and resource intensive petition process. Even more discouraging, they have been told by

bureau officials not to expect to see any action on their petitions within their lifetime. The GAO study this committee reviewed earlier this year confirms this backlog.

Asking them to wait another 10 years or more is not what these tribes deserve.

Many of the members are elderly and in need of medical care and assistance. They

lack health insurance and pensions because past discrimination denied them opportunities for an advanced education and a steady job. Federal recognition would entitle them to receive health and housing assistance.

It would be one of the greatest of ironies and a further injustice to these tribes

if in our efforts to recognize the 400th anniversary of the first permanent European

settlement in North America, we had failed to recognize the direct descendants of

the Native Americans who met these settlers.

Before closing, let me touch upon one issue, the issue of gambling, that may be

at the forefront of some Members’ concerns. In response to such concerns, I have

worked with Rep. Jo Ann Davis and others in the Virginia congressional delegation

to close any potential legal loopholes in this legislation to ensure that the Commonwealth of Virginia could prevent casino-type gaming by the tribes. Having maintained a close relationship with many of the members of these tribes, I believe they

are sincere in their claims that gambling is inconsistent with their values. Many

of the tribes live in rural areas with conservative family and religious beliefs. All

six tribes have established non-profit organizations and are permitted under Virginia law to operate bingo games. Despite compelling financial needs that bingo revenues could help address, none of the tribes are engaged in bingo gambling.

Mr. Chairman, the real issue for the tribes is one of acknowledgment and the long

overdue need for the Federal Government to affirm their identity as Native Americans. I urge you to proceed with action on this proposal.

Thank you again for arranging this hearing.

PREPARED STATEMENT OF MICHAEL R. SMITH, DIRECTOR, TRIBAL SERVICES, BUREAU

OF INDIAN AFFAIRS

Good morning, Mr. Chairman and members of the committee. My name is Mike

Smith and I am the Director for the Office of Tribal Services within the Bureau of

Indian Affairs at the Department of the Interior. I am here today to provide the

Administration’s position of opposition to S. 2694, a bill to ‘‘extend Federal recognition to the Chickahominy Tribe, the Chickahominy Indian Tribe, Eastern Division,

the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Tribe, and

the Nansemond Tribe.’’

Under 25 CFR Part 83, groups seeking Federal acknowledgment as Indian tribes

are reviewed in a thorough and objective manner. Each petitioning group must demonstrate that they meet all the seven mandatory criteria established in these Federal regulations. The seven mandatory criteria are that a petitioner: (1) demonstrates that it has been identified as an American Indian entity on a substantially

continuous basis since 1900; (2) demonstrates that a predominant portion of the petitioning group comprises a distinct community and has existed as a community

from historical times until the present; (3) demonstrates that it has maintained political influence or authority over its members as an autonomous entity from historical times until the present; (4) provides a copy of the group’s present governing document including its membership criteria. In the absence of a written document, the

petitioner must provide a statement describing in full its membership criteria and

current governing procedures; (5) demonstrates that its membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes

which combined and functioned as a single autonomous political entity; (6) demonstrates that the membership of the petitioning group is composed principally of

persons who are not members of any acknowledged North American Indian tribe,

and (7) demonstrates that neither the petitioner nor its members are the subject of
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congressional legislation that has expressly terminated or forbidden the Federal relationship. A criterion shall be considered met if the available evidence establishes

a reasonable likelihood of the validity of the facts relating to that criterion. A petitioner must satisfy all seven of the mandatory criteria in order for tribal existence

to be acknowledged.

All six of these groups who would benefit from enactment of S. 2694, have submitted letters of intent and partial documentation to petition for Federal acknowledgment. However, none of these petitioning groups have submitted completed documented petitions demonstrating their ability to meet all seven mandatory criteria.

The Federal acknowledgment regulations provide a uniform mechanism to review

and consider groups seeking Indian tribal status. This legislation, however, allows

these groups to bypass these standards—allowing them to avoid the scrutiny to

which other groups have been subjected.

This concludes my prepared statement. I will be happy to answer any questions

the committee may have.
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